사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Busan Savings Bank Co., Ltd. prior to the bankruptcy of the basic facts entered into a credit transaction agreement with the Busan Savings Bank Co., Ltd. (hereinafter “Seoul Savings Bank”) on Jun. 30, 2004 with the amount of credit 2,840,000,000 on Jun. 30, 2004; the due date of payment 12% per annum of the agreed interest rate; the agreed interest rate of 12% per annum; the due date of payment 21% per annum of the overdue interest rate; the due date of payment 210,000,000 per annum of February 4, 2005; the agreed interest rate of 12% per annum; and the overdue interest rate of 21% per annum of the agreed interest rate of February 4, 2008 (hereinafter “each credit transaction agreement”); and B concluded a joint and several debt repayment agreement with the Busan Savings Bank on the basis of each of the instant credit transaction agreements with the Busan Savings Bank.
At the time of each credit transaction agreement in this case, the Busan Savings Bank entered into an agreement with the Busan Savings Bank on the contents of loans from the Busan Savings Bank on the form of lending the name of the US Acheon Machinery and B, but in fact, the Busan Savings Bank used the loans in this case and did not vest all the obligations under the agreement on the above agreement on the pre-agreement on the pre-agreement (hereinafter “the pre-agreement on pre-agreement”).
B Each gift of KRW 20,00,000 on June 9, 201, and KRW 11,442,420 on April 26, 201, to the Defendant, one of his wife, respectively.
(hereinafter “each of the instant donations”). Busan Savings Bank was declared bankrupt on August 16, 2012, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
(B) Busan District Court 2012Hahap4). 【Ground for Recognition】 A, 2-1, 2-2, 2-3, 3-1, 3-2, 5, 1-2, 1-2, 1-2, and the purport of the entire pleadings.
2. Determination
A. The Plaintiff’s assertion 1) Joint and Several sureties’s claim against B under each credit transaction agreement of this case is the creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s creditor’s claim.