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(영문) 서울중앙지방법원 2014.12.16 2014가단5133194

사해행위취소

Text

1. The separate list between the bankrupt, Busan Savings Bank and the non-party Li-Tit Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a special purpose company established in accordance with the Financial Investment Services and Capital Markets Act, and its main purpose is to purchase and normalize loans from commercial banks established through the process of promoting the PF Normal Bank promoted by the Financial Services Commission.

B. The Defendant is a corporation that was appointed as a trustee in bankruptcy on August 16, 2012 by Busan District Court Decision 201Hahap4 Decided August 16, 2012.

C. The non-party bank established three special purpose corporations (SPC and each of the above companies collectively referred to as “SPC 3 company”) in order to purchase the land in the Daejeon 4 District Urban Development Project and build apartment houses on its ground (hereinafter “multi-family housing project”) to promote the project. The non-party bank established the three special purpose corporations (SPC and each of the above companies collectively referred to as “SPC 4 company”).

On February 13, 2007, SPC three companies borrowed a total of KRW 150 billion from the National Bank and New Capital Co., Ltd., and mutually guaranteed the obligations of the other companies. The claims of New Capital Co., Ltd. were reverted to New Capital Co., Ltd. via Awing Co., Ltd., and the National Bank and New Capital Bank transferred their claims to each Plaintiff on June 29, 201 and August 10, 2012, and notified the non-party company of the assignment of claims.

The Borrower’s New Town Development Co. 24 billion won (26 billion won), Daejeon New Town Development Co. 25 billion won (25 billion won) and the total amount of KRW 25 billion (25 billion), each of which is KRW 25 billion (25 billion) and KRW 74 billion (76 billion).

E. On February 13, 2007, the non-party bank's loan claims against the non-party bank's SPC 3 company including new loans after the date on which the letter of undertaking was drawn up against the national bank and the new capital.