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(영문) 서울중앙지방법원 2017.04.11 2016가합540828
사해행위취소
Text

1.(a)

The transfer contract entered into on July 4, 2014 with respect to the shares listed in paragraph 1 of the attached list between Defendant A and B.

Reasons

1. Basic facts

A. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) concluded a credit transaction agreement with B on May 31, 2007 with a credit limit of KRW 10 billion, and thereafter lent KRW 10 billion to B. On July 30, 2007, the Seoul Mutual Savings Bank re-signed a credit transaction agreement with B with a credit limit of KRW 5 billion and then lent KRW 5 billion to B.

B. B delayed repayment of each of the above loans, and Seoul Mutual Savings Bank filed a payment order with B seeking payment of the above loans that were not repaid by Seoul Central District Court 2013 tea6211, and on September 17, 2013, the payment order was issued on August 2013, “B shall pay to B the Seoul Mutual Savings Bank 12,809,639,890 won and 6,257,760,060 won with 23% interest per annum from August 29, 2013 to the date of full payment.” The payment order was finalized on December 31, 2013.

C. Seoul Mutual Savings Bank collected part of the loan claims based on the above payment order and collected them on February 24, 2016, and the remaining amount as of February 24, 2016 is KRW 15,212,058,140 in total of KRW 5,174,88,076 in principal, interest 10,037,170,064 in total.

On the other hand, on July 4, 2014, B transferred 10,900 common shares, which are 10,000,000, at the face value of 10,000,000, to Defendant A’s own shares of 12,300,000, at the purchase price. On July 8, 2014, B transferred 12,30,000 common shares, which are 12,30,00, at the face value of the issuance of Span Holdings to Defendant Korea Ltd.

(A) Each share transfer contract of this case (hereinafter “each share transfer contract of this case”).

All the shares transferred by B are shares which are not issued by share certificates.

F. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 5, and Eul.

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