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(영문) 대전지방법원 2015.10.14 2014가합106308
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 2, 2012, the Bankruptcy Trustee, the Daejeon Mutual Savings Bank, the Bankrupt Mutual Savings Bank, the Daejeon Mutual Savings Bank, the Bankrupt Mutual Savings Bank, the Daejeon Mutual Savings Bank (hereinafter referred to as " Daejeon Mutual Savings Bank"), is a company engaging in mutual credit fraternity business, credit installment savings business, receipt of deposits and installment savings, loan business, etc., which was declared bankrupt on February 2, 2012, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

B. Daejeon Mutual Savings Bank’s Claim B 1) on August 7, 2006, Daejeon Mutual Savings Bank loaned KRW 2,300,000,000 per annum on 10% per annum and 21% per annum on e-mail General Construction. B jointly and severally guaranteed the above loan obligations of e-mail General Construction at KRW 2,990,00,000,00 per annum.

C. B remitted money to the Defendant in B from September 25, 2009 to May 16, 2013, as indicated in the attached specification of transactions, remitted KRW 225,410,00 to the Defendant, who is his/her father and wife in B.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings

2. The parties' assertion;

A. Each remittance, such as the specification of transactions with the Defendant in the Plaintiff’s assertion B, constitutes a fraudulent act, which was committed in excess of debt, and constitutes a fraudulent act.

The above donation contract shall be revoked, and the defendant shall pay to the plaintiff the amount stated in the purport of the claim as restitution.

B. Defendant’s assertion 1) The deposit account (Account Number C, the same below) in the Daegu Bank under Defendant’s name

(2) B is the Samsung Card in the name of the Defendant, which was established and used by B under the name of the Defendant, and the amount transferred by B to the account in the Daegu Bank is not a donation to the Defendant. (2) B is the Samsung Card in the name of the Defendant.

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