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(영문) 서울고등법원 2017.05.25 2016나11327

사해행위취소

Text

1. At the request of the change in exchange at the core of the re-transmission transmission, the Defendant shall pay to the Plaintiff KRW 813,064,094, as well as the Plaintiff.

Reasons

1. Basic facts

A. On June 26, 2006, a mutual savings bank that acquired claims against SC Savings Bank B with respect to Co., Ltd., Ltd. (hereinafter “B”) established and lent KRW 1.68 billion to Co., Ltd. (hereinafter “B”) on September 26, 2006 at the rate of 1.6% per annum, 12% per annum, and 23% per annum.

However, on May 25, 2007, the Korea Venture Savings Bank was decided by the Financial Supervisory Commission as an insolvent financial institution and was subject to the disposition of revocation of business authorization. According to the decision to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry, KRW 840 million out of the above loan bonds was transferred to the SC Savings Bank (the title at that time was a stock company’s name).

(The above decision to transfer contracts was made on May 25, 2007, and published on May 30, 2007, respectively). (B)

On January 21, 2008, the rehabilitation procedure against B was commenced on January 21, 2008, and the creditor's objection became final and conclusive on July 17, 2009.

B, on July 23, 2010, after the decision to discontinue the above rehabilitation procedures became final and conclusive, around July 23, 2010, prepared a letter of payment (hereinafter “instant letter of payment”) stating that “The Defendant shall be paid KRW 2.61 billion by August 6, 2010,” and on August 3, 2010, drafted a notarized deed of law firm 00,000,000,000,000,000 won by August 6, 2010.

C. The Defendant’s compulsory execution and dividend receipt 1) On August 12, 2010, based on the instant payment memorandum and notarial deed, the Defendant is the Jeonju District Court No. 2010TM development Co., Ltd. (hereinafter “CM development”).

2) Of the loan claims against the Defendant, the Defendant participated in the distribution on the basis of the above bond seizure and collection order, as it deposited KRW 1,401,418,415 with respect to the amount until it reaches 2,610,870,120.