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(영문) 서울중앙지방법원 2014.11.20 2014가단5000560
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On January 31, 2007, the Gyeonggi Savings Bank Co., Ltd. (hereinafter the Plaintiff Bank) loaned KRW 7,420,000,000 to the Plaintiff Bank Co., Ltd. (hereinafter the Nonparty Company) at the agreed interest rate of 12% per annum and 25% per annum. The Plaintiff Bank set KRW 10,388,00,000 as the guarantee limit amount and jointly and severally guaranteed the Nonparty Company’s loan obligations to the Plaintiff Bank.

B. The amount to be repaid by the non-party company to the Plaintiff is KRW 7,420,00,000 as of December 11, 2013, and KRW 12,281,014,768 as of December 10, 2013, and KRW 19,701,014,768 as of December 10, 2013, and KRW 19,701,014,768 as well as KRW 10,38,00,00 as of December 10, 2013. Accordingly, the Plaintiff has a guarantee obligation claim against B.

C. B, on November 13, 2012, withdrawn KRW 38,000,000 from one’s own bank account (Account Number: D) and transferred KRW 10,000,000 to one’s mother’s account in this case’s name.

The above KRW 10,000,000 in the account of this case was used for the settlement of credit transaction amount, CD cash withdrawal, account transfer, etc.

E. On July 1, 2013, the Plaintiff Bank was declared bankrupt by the Seoul Central District Court, and the Plaintiff was appointed as the trustee in bankruptcy of the Plaintiff Bank.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 through 5, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The primary assertion B bears a large amount of guarantee obligation against the Plaintiff bank, and, in the absence of sufficient means to repay it, deposited KRW 10,000,000 to the account in the name of the Defendant under the name of his mother, and donated the above money to the Defendant. Since the above donation constitutes a fraudulent act, the contract of donation should be revoked, and the Defendant is obliged to pay the Plaintiff KRW 10,000,000 with compensation for value. (ii) Preliminary assertion B entrusted the Defendant with the name of the deposit owner as to the account in the instant case on November 13, 2012.

B Concerning the instant account to the Defendant in excess of the obligation.

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