사해행위취소
1.The judgment of the first instance shall be modified as follows:
Attached Form
As to the real estate recorded in the list, between the defendant and B.
1. Facts of recognition;
A. On October 23, 2006, B prepared and submitted an application for a loan of 15 million won to the Busan Savings Bank (former trade name: Busan Mutual Savings Bank; hereinafter “B”), which was a stock company, Busan Mutual Savings Bank, and accordingly entered into a credit transaction agreement on October 23, 201 with the amount of loans of 15 million won and interest rate of 11% per annum, interest rate of 21% per annum, overdue interest rate of 21% per annum, and date of repayment as of October 23, 2011.
(hereinafter referred to as "the loan of this case" under the above credit transaction agreement. (b)
The loan of this case was deposited into the account in the name of B on October 23, 2006, and was fully withdrawn on the same day and deposited into the account in the corporate bank account in the name of C Co., Ltd. (hereinafter referred to as “D”) which was the auditor of C Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”).
C. Meanwhile, the Busan Savings Bank Group composed of the Busan Savings Bank Co., Ltd. established a number of special purpose companies (hereinafter “SPC”) to carry out a real estate development project, and it was difficult to lend a loan under the name of a third party, such as relative, branch, employee, etc. to raise its operating funds. On October 12, 2006, B was appointed as an auditor of the non-party company, who is the SPC of the Busan Savings Bank Group, and was registered as a shareholder (under the corporate register of the non-party company, B was appointed as an auditor on October 12, 2006, but retired on March 31, 2009, and again was registered as retired on August 5, 2009, and was registered as a retirement on March 31, 2012). In fact, B was first lent only in the name of the non-party company, and in return, it received KRW 1500,000 per month from the non-party company to April 208.
E. On November 23, 201, the Plaintiff (formerly: Domin Savings Bank) acquired the instant loan claims from the Busan Savings Bank from the Busan Savings Bank in accordance with the Financial Services Commission’s decision on the transfer of a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.