logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.07 2016나2015325
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The status of the parties 1) Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”).

on April 30, 2013, Seoul Central District Court 2013Hahap47, Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) (hereinafter “Promotion Savings Bank”).

(2) On May 20, 2013, the Korea Sports Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”), and the said three savings banks, including the said three savings banks, are “Game Savings Bank, etc.”

On July 1, 2013, each of which was declared bankrupt by the same court No. 2013Hahap888. Accordingly, the Plaintiff was appointed as a trustee in bankruptcy in the Gyeonggi Savings Bank, etc. (No. 1-3) and the Defendant’s representative director is C and D.

C as a major shareholder of the Defendant and B Co., Ltd. (hereinafter “B”), and as a representative director from January 17, 200 to July 8, 2003, B concurrently holds the position of inside director from March 31, 2012 until then.

D From January 17, 200 to March 31, 2012, B was in office as a director (the representative director from December 6, 2008 to March 31, 2012) and again, from March 13, 2013 to March 31, 2012, B was in office as a director and a representative director.

(A) Evidence No. 2 1, 2). (b)

B entered into each credit transaction agreement between the Gyeonggi Savings Bank, etc. on April 1, 2008 between B and the Gyeonggi Savings Bank, etc. on April 1, 2008, with an interest rate of 10% per annum, interest rate of 25% per annum, interest rate of 25% per annum, credit limit amount as listed below, and transaction classification limit (hereinafter “each credit transaction agreement of this case”).

8 billion won in total of 8 billion won in the Korea Savings Bank in the Gyeonggi Savings Bank 12 billion won in the amount of credit limit and the amount of credit limit;

(2) On April 1, 2008, the Gyeonggi Savings Bank (G), Promotion Savings Bank (H), and the Korea Savings Bank (I) account under the name of B was opened respectively.

On April 1, 2008, the Promotion Savings Bank and the Korea Savings Bank deposited KRW 5.714 billion in each of the above accounts in B, and each of the above loans was deposited into the said Gyeonggi Savings Bank account.

arrow