사해행위취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On February 28, 2007, Busan Savings Bank Co., Ltd. (hereinafter “UB Savings Bank”) extended a loan of KRW 8.8 billion to B on February 28, 201 and at 11% per annum on interest (hereinafter “instant loan”).
B. B paid interest to Busan Savings Bank until December 27, 2010, but did not pay the remainder of the principal and interest of the loan at all. As of August 10, 2014, the sum of the principal and interest of the loan at KRW 15,469,719,813 (= principal principal amount of KRW 8,106,823,993, interest of KRW 7,362,895,819).
C. On January 9, 2014, the Plaintiff filed an application with the Busan District Court for a payment order against B, and on January 9, 2014, the said court issued a payment order with the purport that “B shall pay the Plaintiff KRW 1 billion out of the above loans and its delay damages.” The said payment order was finalized on February 5, 2014.
B from February 23, 2011 to April 19, 2011, by means of account transfer in the name of the Defendant’s spouse to the Dong Agricultural Cooperatives and the Dong Agricultural Cooperatives under the name of the spouse, and by means of account transfer (hereinafter “instant remittance”).
E. The Busan Savings Bank was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the Plaintiff was appointed as the bankruptcy trustee on the same day.
F. At the time of the instant transfer, B did not have any particular property and was in excess of its obligation.
[Based on Recognition] Gap evidence Nos. 1, 3, Eul evidence Nos. 1 and 2 (including each number), the result of the order to submit taxation information to the head of the Si/Gun/Gu Busan Metropolitan City, the purport of the entire pleadings
2. As to the main claim
A. The Plaintiff asserted that B transferred the instant money to the account in the name of the Defendant, the wife, in excess of his/her obligation to repay the borrowed money to Busan Savings Bank. This constitutes a fraudulent act as a donation to the Defendant. The Defendant’s restoration to its original state is KRW 30 million, which is part of the total amount of KRW 96.1 million.