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Reasons
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(영문) 서울중앙지방법원 2015.09.17 2014가합543656
사해행위취소
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

(a) Bankruptcy, etc. of the Future Savings Bank; 1) The Future Savings Bank Co., Ltd. (hereinafter referred to as the “ Future Savings Bank”);

(2) The future savings bank was declared bankrupt on April 30, 2012 by Seoul Central District Court 201Hahap54, 201.

On April 30, 2012, the Plaintiff was appointed as a trustee in bankruptcy of the future savings bank.

B. (1) Future Savings Bank’s loan bonds 1) On October 28, 2005 (hereinafter “Espoisia”), the Bank for Future Savings is a company Co., Ltd. (hereinafter “Espoisia”).

(B) On October 28, 2006, the credit amount was KRW 400 million, and the expiration date of the credit amount was extended on October 28, 2006 (after this date, October 28, 2007).

(2) On October 28, 2005, the Korea Development Bank Co., Ltd. (Seoul Construction Co., Ltd., but the Korea Development Bank was changed as of July 15, 201; hereinafter “Korea Development Bank”) made a joint and several guarantee for a loan obligation owed by Pussia to the Korea Development Bank in accordance with the said credit transaction agreement, with the interest rate of 13% per annum and 22% per annum.

3) The Plaintiff paid only the loan principal of KRW 137,095,613 on April 13, 201 to the Future Savings Bank and KRW 137,095,613 on June 8, 2011, including KRW 93,932,213, and KRW 262,90,40 on and around June 8, 201, and did not repay the remainder of the loan principal. (C) The Plaintiff filed with the Seoul Central District Court on January 16, 2013, joint and several sureties, including the construction of the Pussia and the Jeju Central District Court of Seoul with the amount of KRW 2013 tea4380 on and around January 16, 2013, jointly and severally guaranteed joint and several sureties, including the construction of the Pussia and the Jeju Central District Court of Seoul Central District, applying for the payment of the loan amount of KRW 675,639,242,387 on and the amount of KRW 262,904,387.

2. The above payment order is made.

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