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(영문) 부산지방법원동부지원 2016.09.09 2015가합101909

사해행위취소

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s bonds 1) Busan 2 Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”)

(1) On December 9, 2003, C loaned KRW 1,400,00,000 to C on December 9, 2003 at the due date set at the rate of 8% on December 9, 2006 and annual interest rate of 8% (hereinafter “instant loan agreement”).

(2) On the other hand, the Busan 2 Savings Bank was declared bankrupt on March 7, 2012, and the Plaintiff was appointed as the bankruptcy trustee on the same day. (2) The Plaintiff filed a lawsuit against C with the Busan 2012Gadan12128 against the Plaintiff, and on September 12, 2013, the said court rendered a judgment that “the Defendant shall pay the Plaintiff 986,460,69 won with 8% per annum from January 9, 2004 to December 9, 2006, and 21% per annum from the next day to the day of full payment.”

Therefore, C appealed by Busan District Court No. 2013Na43038, but was sentenced to dismissal on August 14, 2014 by the same court, and again appealed by Supreme Court Decision 2014Da225458, but the above judgment was finalized upon being sentenced by the Supreme Court on February 26, 2015.

B. On the other hand, around April 201, C sold each real estate listed in the separate sheet (hereinafter “instant real estate”) to D in the purchase price of KRW 4,300,000,000, and D completed the registration of ownership transfer on June 24, 201.

C. On May 27, 2011, Defendant A deposited KRW 200,000 in the national bank account (Account Number: E) in Defendant A’s name. Meanwhile, on June 10, 2011, Defendant A deposited KRW 250,000,000 in the check as indicated below from his own Nong Bank account (Account Number:F) and deposited KRW 250,000,000 in the check. The check withdrawn was deposited in the bearer’s account.

Defendant B 2 H 50,000,000 Defendant B 3 I 50,000,000 of the check number 1 G 100,000 of the check number / check amount (the original holder)