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(영문) 창원지방법원 2016.05.11 2014가합33611

사해행위취소

Text

1. A gift contract of KRW 87,280,000 entered into on May 12, 2010 between the Defendant and B, and KRW 20,00,00,000 entered into on January 17, 201.

Reasons

1. Facts of recognition;

A. On March 7, 2012, Busan District Court Decision 201Hun-Ga1 and August 16, 2012, Busan District Court Decision 2013Hun-Ga288 decided May 21, 2012, the Plaintiffs were appointed as bankruptcy trustee on the following grounds: (a) the Plaintiff was declared bankrupt on March 7, 2012 as Busan District Court Decision 201Hun-Ga1 and Busan District Court Decision 2012Ha-Ga24 decided August 16, 2012: (b) the Plaintiff was a company established for business purposes for receiving deposits and installment savings pursuant to the Mutual Savings Banks Act.

B. The Busan District Court concluded a credit transaction agreement with B and borrowed funds as follows. On March 16, 2008, the ordinary loan interest rate of 1/3,000,000 per 10% (21% per annum) on March 16, 2008 on August 30, 2008; 130,000,000,000 or more on August 30, 2008; 130,000,000,000 or more on August 33, 200, 200, 38,000 or more on November 23, 200, 200, the Busan District Court received the above loans (i.e., the principal and interest on November 23, 2005; 200,0000,0000 or more on November 23, 2008; 361,37,714,207.

3) The above Plaintiff filed an order to pay B the above principal and interest of loan amounting to KRW 4,813,224,637 as Busan District Court Decision 2013Ra1940, and on July 15, 2013, B issued a payment order to pay the Plaintiff KRW 4,813,224,637 as well as KRW 1,767,967,321 as interest rate of KRW 21% per annum from July 10, 2013 to the date of full payment, and the payment order was finalized on August 13, 2013. (C) The Busan Savings Bank concluded a credit transaction agreement with B as follows (B).