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(영문) 서울중앙지방법원 2017.12.14 2016가단5184356

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) Bonds against B of the Future Savings Bank Co., Ltd. (hereinafter “BS Savings Bank”) is a company future Savings Bank (hereinafter “BS Savings Bank”).

On April 49, 2010, a mutual savings bank entered into a credit transaction agreement with a limited liability company C on a set of 2,850,00,000 per annum, 10% per annum, and 10% per maturity on January 29, 2011. A mutual savings agreement between the Defendant’s husband B and a limited liability company C in accordance with the above credit transaction agreement with D on July 20, 201 with the content that guarantee the repayment of obligations owed to the future savings bank by the limited liability company C. (2) The future savings bank entered into a mutual savings agreement with D on July 20, 2010 with each of the credit limit amounts of KRW 2,10,000,000 per annum, interest rate of KRW 12% per annum, maturity period of payment, and July 21, 2011. On the same day, B and the future savings bank on the same day concluded a joint and several guarantee agreement with D companies that guarantee the repayment of obligations to the future savings bank.

3) A limited liability company C was unable to perform its obligations equivalent to KRW 1,328,721,375 under the credit transaction agreement as set forth in the above paragraph (1). D was unable to perform its obligations equivalent to KRW 2,158,868,980 under the credit transaction agreement set forth in the above paragraph (2). B and the Defendant’s monetary transaction 1) B were to enter into a sales contract with the Songpa-gu Seoul apartment (hereinafter “E”) with the EF on February 10, 2012, which is owned by B, with the total purchase price of KRW 1,200,000 (hereinafter “instant apartment”) and KRW 302,00,000 (contract amount of KRW 120,000,000, an intermediate payment of KRW 400,000,000, KRW 680,000, and KRW 6800,000 (hereinafter “instant total purchase price”).

2) At the request of B on February 13, 2012, E refers to the Defendant’s new bank account (H; hereinafter “Defendant’s account”) of KRW 110,000,000, out of the down payment under the instant sales contract.

(C).