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(영문) 서울중앙지방법원 2017.10.17 2016가단5043585
사해행위취소
Text

1. Each contract of donation between C and Defendant A according to deposits entered in each transaction date column;

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that was declared bankrupt in 2014 and was appointed as a trustee in bankruptcy of the Mapo Savings Bank (the former trade name before the change: the future 2 Savings Bank (hereinafter “Sma Savings Bank”), and the Defendants are C’s children who have borne obligations with the Sma Savings Bank.

B. 1) Smaday Savings Bank filed a lawsuit against C with the Jeonju District Court 2010Kadan7473 on February 24, 2011 against C to seek payment of joint and several liability obligations for loans of D Co., Ltd., and the above court rendered a judgment on December 10, 2010 that “C shall pay 2,026,319,851 won to Smaday Savings Bank and its delayed payment damages.” 2) Smaday Savings Bank filed a lawsuit against C to seek payment of loans under the Jeonju District Court 2010Kadan21943, the above court rendered a judgment that “C shall pay 508,58,526 won to Smaday Savings Bank and its delayed payment damages.”

C. Deposit C deposited in the account under Defendant A’s name on March 30, 2012, deposited KRW 15,000,000 into the new bank account under Defendant A’s name, and deposited KRW 36,70,000,000 on seven occasions by October 13, 2015, as shown in the separate deposit statement.

A’s purchase of cars 1) Defendant A’s car on September 19, 2014 (hereinafter “instant car 1”). Defendant A’s car for BMW 320D (hereinafter “instant car”).

) A sales contract to purchase KRW 43.5 million was concluded, and the ownership transfer registration was completed on October 31, 2014. Of the purchase price of the said car, KRW 9.5 million was paid at the time of conclusion of the sales contract and the acquisition of the vehicle. The remainder of KRW 34 million was paid at the time of the conclusion of the sales contract and the acquisition of the vehicle. The installment of the loan was 60 installments from November 30, 2014 to October 31, 2019 (the month).

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