beta
(영문) 서울중앙지방법원 2016.03.30 2015가합561828

사해행위취소

Text

1. The Defendant and Nonparty B’s reimbursement contract concluded on March 31, 2014 between the Defendant and Nonparty is revoked.

2...

Reasons

1. Basic facts

A. On August 31, 2006, Daejeon Mutual Savings Bank Co., Ltd. (hereinafter “Seoul Mutual Savings Bank”) concluded a credit transaction agreement with C&S.com (hereinafter “C&Scom”) with the joint and several service guarantee (total amount of KRW 5.72 billion) and loaned a total of KRW 4.4 billion to C&Scom.

B. On February 2, 2012, the Daejeon Savings Bank was declared bankrupt by the Daejeon District Court, and the Plaintiff was appointed as the trustee in bankruptcy of the Daejeon Savings Bank on the same day.

C. C&Scom failed to repay the above loans, the Plaintiff filed a lawsuit against C&Scom and B with the Daejeon District Court 2014Kadan1079, and on March 21, 2014, the judgment was finalized on March 21, 2014, that “The Plaintiff shall pay to the Plaintiff 3,165,029,823 won, and KRW 1,519,000,000 per annum from May 8, 2013 to the date of full payment; and B shall jointly and severally pay KRW 5,720,000,000 out of the above money, and the judgment was finalized around that time.”

(hereinafter “instant loan judgment”) D.

B On March 20, 2014, since he/she assumed office as a managing director of the Foundation C (hereinafter referred to as “C”) on March 20, 2014, he/she is receiving monthly salary.

E. However, on March 31, 2014, B prepared and executed a notarial deed of the Daejeon General Law Firm Preparation No. 578 of 2014 (hereinafter referred to as the “notarial deed of this case,” and the contract which forms the content thereof, to the Defendant, stating that “B borrowed KRW 300 million from the Defendant on March 30, 2014, and consented to compulsory execution when B does not perform its obligation.”

F. In addition, the Defendant’s claim amounting to KRW 300,254,300 = Claim amounting to the wage claim amount of KRW 300,254,300 on April 9, 2014, which was based on the instant notarial deed, to Daejeon District Court 2014T No. 5187 on April 9, 2014.