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(영문) 수원지방법원 2015.07.06 2014가합5060

사해행위취소 등

Text

1. The revocation of each gift contract in the attached Form 2 concluded between the defendant and B;

2. The defendant shall pay 138,705,000 won to the plaintiff.

Reasons

1. Basic facts

A. The party status 1) The Gyeonggi Savings Bank Co., Ltd. (the Gyeonggi Mutual Savings Bank Co., Ltd.) was changed on September 23, 2010.

hereinafter referred to as "Game Savings Bank"

(2) On July 1, 2013, the Plaintiff was declared bankrupt on July 1, 2013 by Seoul Central District Court 2013Hahap88, and was appointed as a trustee in bankruptcy. 2) The Defendant is the debtor B’s wife.

B. C (the representative director B, hereinafter “C”) concluded a credit transaction agreement with the Gyeonggi Savings Bank as listed below and borrowed the loan (hereinafter “instant loan obligation”). B as to the instant loan obligation, joint and several liability was jointly and severally guaranteed by B.

The interest rate on the extended loan interest rate of the temporary loan shall be 25% per annum on August 23, 201, 201, KRW 6.5 billion on August 23, 201, KRW 12% per annum on August 23, 201, KRW 25% per annum on December 30, 2010, KRW 60 billion on December 30, 201, KRW 12% per annum on December 30, 2011.

C. From June 16, 201, C was released from interest on the instant loan obligations from June 16, 201, and lost the benefit as of July 12, 201. On July 31, 2012, the Gyeonggi Savings Bank sent to C an auction execution notice stating that the instant loan obligation will be commenced in the event the entire amount of the instant loan is not repaid, and on July 31, 2012, the details of arrears as of July 31, 2012 are as listed below.

6,417,00,00 won in total for overdue interest on the loan principal on August 23, 201, 1,675,720,518 won in total for overdue interest on the loan principal on August 23, 2011; 8,092,720,518 won in December 30, 2011; 60,000,000 won in total for KRW 157,610,958 won in total for 7,017,000,000,000,331,476 won in total for 8,850,31,850,31,331,850,31,476 won in total for 8,476 won in total,31,476 won in December 30, 2011.

D. B’s act of donation and remittance of real estate to the Defendant on December 22, 2010 entered into a donation contract with the Defendant on the real estate indicated in the attachment No. 1, and the Seoul Central District Court received the said real estate on the same day.