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(영문) 서울중앙지방법원 2014.12.03 2014가합535174

사해행위취소

Text

1. Golf membership on June 2, 2009 between the defendant and the non-party corporation, as indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. The plaintiff is a company whose main purpose is to purchase and recover loans from commercial banks.

The defendant is a corporation established pursuant to the Depositor Protection Act, which is a bankruptcy of the Busan Savings Bank (hereinafter referred to as the "Non-Party Savings Bank"), and is appointed as a bankruptcy trustee and carries out the business of insolvency.

The urban bio-building Co., Ltd. (hereinafter “SPC”) is a special purpose corporation (hereinafter “SPC”) established by the non-party bank in order to purchase land in the Daejeon-si District Urban Development Project and build multi-family housing on its ground to promote the project (hereinafter “SPC project”).

At the time, SPCs established by the non-party bank for the Daejeon-si collective housing business were non-party companies, Daejeon New Airport Development Co., Ltd. (hereinafter referred to as the "SPC Development"), and Enosty Co., Ltd. (hereinafter referred to as the "Enosty").

(hereinafter referred to as “SPC 3 copies” in total. (b)

SPC 1) SPC 3 Co., Ltd., Ltd. (hereinafter “National Bank”) on February 13, 2007 for the purpose of the Daejeon-SPC collective housing business.

) Business and Loan Agreements (hereinafter referred to as “instant First Loan Agreements”)

(2) A new capital corporation (hereinafter referred to as “new capital”) shall enter into an agreement and make the same day.

) Business and Loan Agreements (hereinafter referred to as “instant Second Loan Agreements”)

(2) A loan shall be granted to the following business funds by entering into the agreement:

At the time, SPC three companies, National Bank, and New Capital set the overdue interest rate at 19% per annum, and each SPC agreed to provide joint and several surety within the limit of 130% of each loan agreement amount for the obligations of other SPCs.

The amount of loans under the loan agreement No. 1 of this case is the amount of loans under the loan agreement No. 2 of this case and the amount of loans under the joint and several guarantee limit are urban life.

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