부인청구의 소
1. Defendant B’s KRW 400,000,000 as well as 5% per annum from September 12, 2013 to January 29, 2014 to the Plaintiff.
1. Basic facts A is an individual entrepreneur who produces and supplies a unique apartment sales household in the name of “C”, and the Defendant is a wife A.
A borrowed a total of KRW 390 million from the Defendant on October 25, 2011, and KRW 390 million on May 16, 2013.
A recovered a claim of KRW 551,525,70,00 from filial force on September 10, 2013, and repaid KRW 400 million to Defendant B on September 11, 2013 (hereinafter “instant repayment”).
As to subparagraph 102, Defendant B created each of the collateral security rights (hereinafter collectively referred to as the “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed 4, 2000,000 won with maximum debt amount on October 4, 2002, and ② on May 16, 2013, each of the maximum debt amount of KRW 214,000,000,000,000 to Defendant Korea Exchange Bank (hereinafter referred to as the “Defendant Bank”).
Defendant B repaid the loan amounting to KRW 395 million out of KRW 400,000,000,000, which was paid by the Plaintiff from the Defendant Bank on September 11, 2013 (hereinafter “instant loan repayment”) and cancelled the registration of creation of a mortgage near the instant loan.
A, on October 2, 2013, upon filing an application for commencing rehabilitation procedures with this court on November 8, 2013, is currently undergoing rehabilitation procedures after receiving a decision on commencing rehabilitation procedures (this case No. 2013 group 111) and the Plaintiff was appointed as a manager of A.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, Eul evidence 1-1, 2, and 3, and the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The gist of the Plaintiff’s assertion falls under “the act of causing harm to the rehabilitation creditors or rehabilitation secured creditors only after the debtor suspends payment, an application is filed for commencement of rehabilitation procedures, or a petition is filed for bankruptcy” under Article 100(1)2 of the Debtor Rehabilitation and Bankruptcy Act, and the Plaintiff denies the instant repayment act. Thus, Defendant B’s restitution is the act of restitution to the Plaintiff.