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(영문) 서울중앙지방법원 2014.12.16 2014나20898
사해행위취소
Text

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

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. (hereinafter “C”)

(1) As between June 5, 2007, a credit transaction agreement consisting of a credit limit of 700,000,000,000 (hereinafter referred to as “credit transaction agreement”)

(2) The credit transaction agreement consisting of 500,000,000 credit limit amount on June 15, 2007 (hereinafter “credit transaction agreement”)

(3) A credit transaction agreement consisting of 260,000,000 credit limit amount on June 11, 2010 (hereinafter “third credit transaction agreement”).

(4) Credit transaction agreements consisting of 500,000,000 credit limit amount on June 10, 201 (hereinafter “credit transaction agreements”)

2) In addition, B, the representative director of C, was jointly and severally and severally and severally liable for all obligations owed by C to the Plaintiff in accordance with each credit transaction agreement set forth in paragraphs 1 through 4.

3) After that, C lost the benefit of time. On April 5, 2012, C, based on each credit transaction agreement set forth in subparagraphs 1 through 4 of C as of April 5, 2012, C, the total of KRW 406,279,103 (i.e., total of KRW 14,100,36,454, total of the principal and interest on obligations under a credit transaction agreement set forth in the second credit transaction agreement set forth in the third credit transaction agreement set forth in KRW 25,36,454, total of the principal and interest on obligations set forth in the third credit transaction agreement set forth in KRW 245,957,071, total of the principal and interest on obligations set forth in the fourth credit transaction agreement set forth in the fourth credit transaction agreement set forth in KRW 120,85,211). (b) The Defendant and his spouse, as of February 21, 2005 and completed the registration of ownership transfer in the name of Defendant B and his spouse.

2) B) On August 16, 2011, the Defendant and the Defendant enter into a donation agreement with respect to 1/2 shares of the real estate indicated in the separate sheet (hereinafter “instant donation agreement”).

(B) On August 17, 201, the Seoul Central District Court’s receipt of the registration office of the Seoul Central District Court No. 54437, Aug. 17, 201 (hereinafter “instant registration of transfer of ownership”).

3) Accordingly, the defendant completed the F on September 5, 201 and the attached property on September 5, 201, 300,000.

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