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(영문) 서울동부지방법원 2017.05.17 2015가단130596

사해행위취소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as bankruptcy trustee.

Defendant A is the wife of Defendant A, and Defendant B and C are the births of Defendant B and C.

On August 29, 2006, Seoul Mutual Savings Bank Co., Ltd. established a loan (hereinafter “instant loan”) with interest of 12% per annum, 200,000,000 per annum, 23% per annum, 20% per annum, and 29 August 29, 2007, and the F, G, H Co., Ltd. (i., Ltd.) and J jointly and severally guaranteed the instant loan obligations of E Co., Ltd.

E Co., Ltd. repaid KRW 100,000,00 to Seoul Mutual Savings Bank on April 6, 2007. On August 29, 2007 and August 29, 2008, the expiration date of each extension period of the loans of this case was extended on August 29, 2007 and August 29, 2008. D jointly and severally guaranteed the obligations of the loans of this case by E Co., Ltd. on August 29, 2008.

On August 29, 2006, Seoul Mutual Savings Bank established a collateral security right of KRW 7,800,000 with respect to each one-half portion of the principal amount of the loan of this case owned by the E Co., Ltd. on August 29, 2006. On June 23, 2010, the Daejeon District Court of Daejeon with respect to the above real estate was distributed KRW 1,654,752,630 out of the principal amount of the loan of this case and repaid KRW 1,654,80,000 among the principal amount of the loan of this case.

Seoul Mutual Savings Bank filed a lawsuit against E Co., Ltd. and D (2013da258305) with the Seoul Central District Court (2013da258305), and “E Co., Ltd. and D et al. from the above court on February 17, 2015, jointly and severally file a lawsuit against the Plaintiff and damages for delay.