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(영문) 서울고등법원 2012.01.18 2011나46250
사해행위취소
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Following the facts:

(a)bee;

(e) Each fact described is recognized by the parties or by the overall purport of Gap evidence Nos. 1 through 8, 10, 14, 15 (including each number), Eul evidence No. 4, and the whole purport of the pleadings.

A. On June 26, 2006, the Daepo Mutual Savings Bank loaned KRW 1,680,000,000 to Co., Ltd. B (hereinafter “B”) on September 26, 2006 on the repayment date, and the interest rate of KRW 12% per annum, and damages for delay rate of KRW 23% per annum.

However, on May 25, 2007, the Korea Venture Savings Bank was decided by the Financial Supervisory Commission as an insolvent financial institution and was subject to a disposition of revocation of business authorization, and KRW 840,000,000 out of the above loan bonds was transferred to the Plaintiff (the title at that time was a stock company’s name) pursuant to a decision of contract transfer under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

(The above decision to transfer contracts was made on May 25, 2007, and published on May 30, 2007, respectively). (B)

On the other hand, as to B, the rehabilitation procedure commenced on January 21, 2008, the creditor's objection became final and conclusive on July 17, 2009.

B, on July 23, 2010, after the decision to discontinue the above rehabilitation procedures became final and conclusive, around July 23, 2010, a letter of payment (hereinafter “instant letter of payment”) was prepared to the Defendant, stating that “The Defendant will pay KRW 2,610,00,000,000” (hereinafter “instant letter of payment”), and on August 3, 2010, a notarial deed No. 4797 of the law firm General Law Office No. 2010 (hereinafter “notarial deed of this case”).

C. On August 12, 2010 on the basis of the instant letter of payment and the notarial deed, the Defendant is the Jeonju District Court Decision 2010TM development Co., Ltd. (hereinafter referred to as “CM development”).

2,610,870,120 won out of the loan claims against the Corporation and the amount until it is issued a seizure and collection order.

The defendant shall deposit 1,401,418,415 won in the amount of debt for CM development.

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