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(영문) 수원지방법원안양지원 2015.04.24 2014가합102017
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 24, 2011, Samsung Mutual Savings Bank Co., Ltd. (1) was declared bankrupt by the Seoul Central District Court 201Hahap72 on June 24, 2011, and now bankruptcy proceedings are in progress. The Plaintiff was appointed as a trustee in bankruptcy of Samsung Mutual Savings Bank. (2) On September 30, 2010, Samsung Mutual Savings Bank borrowed KRW 8 billion to I Co., Ltd. (hereinafter “C”) and C Co. (hereinafter “D”) and D Co., Ltd. (hereinafter “D”) set the ceiling on collateral guarantee for the above loan obligations as KRW 10.4 billion.

I Co., Ltd. was unable to repay the principal and interest of a loan by October 31, 201, the maturity date, and on August 22, 2013, the sum of the principal and interest of a loan as of August 22, 2013 is KRW 5,324,649,01.

3) Defendant A is the representative director and D’s in-house director. Defendant B, as Defendant A’s children, served as D director from January 22, 2010 to January 22, 2013. B. On August 1, 2012, Defendant A withdrawn KRW 142,90,000 from C’s post office account (Account Number E) and deposited KRW 100,000 out of said check in the check, and deposited KRW 100,000,000 from the said check in the C’s C’s account (Account Number) on August 7, 2012. C. Defendant A withdrawn the number of KRW 100,000 from the said C’s bank account on August 8, 2012, Defendant A deposited the said apartment check with Defendant B’s new account number of KRW 100,000 in the instant case (hereinafter “Defendant B’s account number of KRW 104,2012”).

I Co., Ltd. (hereinafter “I”)

A) The remainder of KRW 168,00,000,000,000 for the purchase price of KRW 410,000 on the same day, and the remainder of KRW 242,00,000 shall be paid to the debtor B, the mortgagee of the right to collateral security, the North Korean Agricultural Cooperative Federation, the maximum debt amount of KRW 314,60,00,000,000 established on the apartment of this case, shall be succeeded by I to the secured debt of KRW 49143, Aug. 30, 2006 (Yansan District Court), and the debtor A, the

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