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(영문) 서울중앙지방법원 2016.06.29 2015가합545055

사해행위취소

Text

1. The assignment contract concluded on October 10, 201 between the Defendant and B regarding the claim in the separate sheet between the Defendant and B.

Reasons

Basic Facts

The plaintiff is a non-capital special corporation established pursuant to the Depositor Protection Act to contribute to protecting depositors, etc. and maintaining the stability of the financial system by efficiently operating the deposit insurance system in order to cope with situations in which financial companies are unable to pay deposits, etc. due to bankruptcy, etc.

The Esp Savings Bank (hereinafter referred to as the “Esp Savings Bank”) is a mutual savings bank designated by the Mutual Savings Banks Act established for the purpose of business such as mutual credit fraternity business, receipt of deposits and installment savings, loan of funds. On September 26, 2012, Incheon District Court issued a ruling of bankruptcy on September 26, 2012, and the Plaintiff was appointed as the trustee in bankruptcy of the Sosmon Savings Bank on the same day.

C Co., Ltd. (hereinafter referred to as “C”) used that D, a shareholder, is the president, to be a company established for the business of new construction and sale of apartments, and real estate consulting business, and has overall control over C’s management.

B Co., Ltd. (hereinafter referred to as “B”) is a company with capital of KRW 50 million established by C through D on April 18, 2008 for the purpose of real estate development and sale business, and its head office is located in Scheon-si E, and the representative director is F.

G, who is the Defendant’s husband, had resided in Scheon-si and promoted B, performed the duties concerning the real estate sales contract, etc. of the collective housing development project for H and 118 ground lots (hereinafter “instant project”).

On May 29, 2008, ES Savings Bank and B entered into a credit transaction agreement with ES Savings Bank on May 29, 2008 with a credit amount of KRW 6 billion, the expiration date of the credit period, and 12% per annum. On the same day, ES Savings Bank borrowed 6 billion won to B in accordance with the above credit transaction agreement.