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(영문) 부산지방법원 2017.11.09 2017가합40545
사해행위취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 277,00,000 for the Plaintiff and the Plaintiff’s accordingly, January 25, 2017.

Reasons

Basic Facts

The plaintiff is the bankruptcy trustee of the bankrupt corporation A (hereinafter referred to as the "A"), and A made a loan by making a credit transaction agreement with E (hereinafter referred to as the "E") as shown in the following table, and D entered into a joint and several guarantee agreement (hereinafter referred to as the "joint and several guarantee agreement of this case") with respect to the principal and interest of E.

On June 28, 2012. 3,70,000,000 per annum 9.5% per annum 2, July 23, 2012. 3, 2012.7. 3,700,000,000 general lending of 1 general lending interest rate on the date of repayment on the agreed date of lending, 4,16,000,000 per annum 9.5% per annum 2, July 23, 2012.

A general loan 3,695,00,000,004,246,242,732,732,732, 732, on January 12, 2017, general passbook loans 465,93,94,523,757, 1969,750,750, 390, 394, 4,769,99,928,930,93,93,928,932,93,927,93,927,922, and D was liable for debts under the instant agreement and remitted from around November 2014 to the Defendant’s account as shown in the separate sheet from around December 2015, 2015, when it was insolvent.

(hereinafter “each of the instant transfers”). 【No dispute over the grounds for recognition”, 【Plaintiff D’s assertion as to each of the items in Gap’s evidence Nos. 1 through 5 (including serial numbers; hereinafter the same shall apply) and the primary claim for the purport of the entire pleadings, as a whole, constitutes a fraudulent act where Plaintiff D donated KRW 298 million to the Defendant by way of remitting each of the instant transfers to the Defendant under insolvent due to the obligation under the joint and several guarantee agreement.

Therefore, the contract of each gift between D and the defendant is revoked, and the defendant claims against the plaintiff for payment of KRW 277 million, which is a part of the contract, and damages for delay.

Defendant.

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