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(영문) 서울중앙지방법원 2016.06.02 2015가단5385558

사해행위취소

Text

1. The agreement between the Defendant and B on donation amounting to KRW 137,000,000 entered into on August 3, 2012 shall be revoked.

2. The defendant shall make the plaintiff 137.

Reasons

1.The facts below the facts of recognition do not conflict between the parties, or may be admitted in each entry in Gap evidence A(including numbers; hereinafter the same shall apply) as a whole by taking into account the whole purport of the pleadings. (a)

On May 27, 2010, Es Savings Bank Co., Ltd. (hereinafter “Bankruptcy Bank”) concluded a credit transaction agreement with C Co., Ltd. (hereinafter “C”) with KRW 8.5 billion and KRW 9 billion under the joint and several guarantee of B, and borrowed the above money to C.

C was unable to pay a loan interest rate of KRW 8.5 billion from July 27, 2011 to KRW 9 billion and from August 19, 2011 to the Bankruptcy Bank.

B. On September 25, 2012, the Bankruptcy Bank filed with C and B an application for a payment order with respect to KRW 1.75 billion from July 27, 2011 to KRW 950 million, which constitutes part of the above loans, and from August 19, 2011 to KRW 990 million, for a payment order with respect to KRW 1.75 billion from the above loans, the above payment order with respect to KRW 90 million was finalized, but the original payment order with respect to Section B was impossible to be delivered, and the claim with respect to KRW 2.75 billion from the Incheon District Court Decision 2019Hun-Ga3049, Sept. 26, 2012 to KRW 2015,000,000,000,000,000,000 won, which was declared bankrupt, the Plaintiff was sentenced to KRW 2.7505 billion from the above amount of loans to KRW 1.7505 billion from the above judgment of the bankruptcy court.28138.

B on March 26, 2012, from the new bank B’s account, B deposited KRW 1.5 million. Of these, 1,77 million among them shall be issued and kept 1,00,000 won as 17 copies of the check in front.