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(영문) 광주지방법원 2018.11.01 2017가합55287
사해행위취소
Text

1. It was concluded on April 25, 2012 on the motor vehicles listed in the separate sheet No. 1 list between Company D and Defendant B.

Reasons

1. Basic facts

A. (1) AD Co., Ltd. (hereinafter “D”) was established on April 3, 2002 with its business purposes as household goods manufacturing and wholesale business, household goods trade business, real estate leasing business, etc., and closed on July 6, 2012. On December 11, 2017, Article 520-2 of the Commercial Act (Article 520-2 (1) of the Commercial Act (Article 520-2 (1) of the Commercial Act (Article 520-2 (1) of the Commercial Act) (1) where the Minister of the National Court Administration makes an official announcement in the Official Gazette that the company, five years after the last registration, has not yet been closed at the court having jurisdiction over the location of its head office, if it fails to make a report as prescribed by Presidential Decree within two months after the last registration, it shall be deemed that the company is dissolved at the time of the expiration of the reporting period.

However, this provision shall not apply to the company which has registered within that period.

was dissolved according to this chapter.

(2) The F substantially operated D as a representative director or in-house director during the period of existence of D.

B. (1) On May 29, 2009, D entered into a credit transaction agreement with the Industrial Bank of Korea (hereinafter “loan”) with the loan principal of KRW 3,300,000,000 (hereinafter “Loan”) (F guaranteed the guarantee limit of KRW 4,000,000). On June 29, 201, D entered into a credit transaction agreement with the loan principal of KRW 1,50,000 (loan of Small and Medium Enterprises).

(F) As to the above loan obligations, F has guaranteed the guarantee limit of 3,600,000,000 won. (2) D delayed performing the principal and interest obligation of D, which continued credit transactions with the Industrial Bank of Korea.

(3) On February 27, 2013, the Industrial Bank of Korea transferred the principal and interest of D’s loans to G limited companies (hereinafter “instant loans”).

(4) G Limited Liability Company filed a lawsuit claiming acquisition amount against D and F by the Seoul Central District Court 2014Kahap583616, August 12, 2015.

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