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(영문) 부산지방법원 2015.09.09 2014가단248839

사해행위취소

Text

1. All the gift agreements entered in the separate sheet between the defendant and B shall be revoked.

2. The defendant is KRW 81 million for the plaintiff.

Reasons

1. Basic facts

A. On May 26, 2006, Busan Savings Bank Co., Ltd. (hereinafter “BB”) lent KRW 5.2 billion to Nonparty B at the rate of 11% per annum on May 26, 2011 (hereinafter “instant loan”). By March 31, 2010, it lent KRW 12.3 billion per eight times as indicated below.

Serial 11% of the loans extended on May 25, 2006 at the annual interest rate of 1:00 5,200,000,000 on May 26, 201, 2006; 30% of 10,100,000 on December 26, 2006; 10% on March 26, 2013; 10.20,000,000 on March 26, 2012; 11.30,00,000 on March 20, 203; 10,000 on March 31, 200, 203; 10.4% on March 31, 200, 203; 10.4% on March 31, 2012; 1.5, 200,000 won on April 19, 2009.

B. B did not pay the principal and interest of the loan even after the repayment period of the loan Nos. 1 through 4 has expired, and on October 29, 2014, the principal and interest of the loan amounted to KRW 21,240,731,166 (i.e., principal and interest of KRW 11,198,412,836 and interest of KRW 10,042,318,329).

C. B filed a lawsuit against the Plaintiff (the Busan Savings Bank was declared bankrupt on August 16, 2012 by Busan District Court 201Hahap1957, which was the Seoul Central District Court 201Gahap19557, against the Plaintiff (the Plaintiff was appointed as the bankruptcy trustee on the same day) and the Plaintiff won the Plaintiff by filing a counterclaim against the loan claim with the court 2013Gahap6037.

B The Seoul High Court 2013Na45633 (Main Office), 2013Na45640 (Counterclaim), and the appellate court 2013Na45640 (Counterclaim), on September 29, 2014, shall pay 17,80,064, and 466 won to the Defendant (Plaintiff in this case) by September 30, 2014. If B fails to pay, the settlement recommendation shall be made in addition to the damages for delay calculated at the rate of 20% per annum from the date following the date of payment to the date of full payment.