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(영문) 수원지방법원평택지원 2015.04.03 2014가합8594
사해행위취소
Text

1. Revocation of an act of paying money of KRW 216,740,330 on March 30, 2012 to the Defendant E, a stock company;

C. 2. The defendant.

Reasons

1. Facts of recognition;

(a) Loan claim and related lawsuit 1) A A A Corporation after the bankruptcy (hereinafter “A”)

(E) April 1, 2008, Co., Ltd. E (hereinafter “E”).

(2) A bankrupt B Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement with E on April 1, 2008, and on February 6, 2014, as of January 2014, the credit limit of KRW 5,516,312,653 for the principal and interest of loans as of January 20, 2014.

3) A bankrupt C Co., Ltd. (hereinafter “C”)

On April 1, 2008, E entered into a credit transaction agreement with E on April 1, 2008. The principal and interest obligation as of February 6, 2014 is KRW 5,516,312,653. 4) A, B, and C (hereinafter “each savings bank of this case”) filed a lawsuit against E for the return of loans under each of the above credit transaction agreements (hereinafter “each of the instant loans,” and “each of the instant loans”) against E on February 1, 2012 (Seoul Central District Court Decision 2012Ga501801). While proceeding, each of the instant savings banks was declared bankrupt, the Plaintiffs appointed as bankruptcy trustee took over the lawsuit.

5) On December 19, 2013, the court of first instance rendered a favorable judgment in favor of the Plaintiffs that “E shall pay 14 billion won for each of the loans of this case to the Plaintiffs, and delay damages therefor,” and the appellate court also rendered a partial decision on the first instance court’s decision with the same purport as on February 6, 2015, and is currently pending in the final appeal. (b) The Defendant’s representative director F, in-house director G (F’s birth) and H have been in charge of inside directors, representative director, and outside directors of E from 2004 to 204 (Provided, That H is retired from outside office on March 31, 2013), and the actual operators of Defendant and E are F.

2) F holds 81% of the Defendant’s shares, and the Defendant holds 100% of the Defendant’s shares. (c) The Defendant’s deposit account in the name of the Defendant is transferred 1) E.

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