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(영문) 서울중앙지방법원 2019.02.21 2018가합519750
사해행위취소
Text

1.(a)

On December 9, 2016, it was concluded between Defendant B and D as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Status 1 of the Parties A Co., Ltd. (hereinafter “A”).

(2) On January 14, 2011, the Mutual Savings Banks Act was established for the purpose of credit fraternity business, credit installment savings business, etc., and the decision of business suspension was issued pursuant to Article 14-3(4) of the Act on the Structural Improvement of the Financial Industry due to bad management on January 14, 201, and was declared bankrupt on June 24, 201 by Seoul Central District Court 201Hau72, and the Plaintiff was appointed as A’s bankruptcy trustee on the same day. (2) D’s trade name was changed from E to B from November 21, 2016.

(hereinafter “Defendant B”) is the company of Defendant C, and Defendant C is the spouse of Defendant D.

B. A’s claim 1) A against D is the F Co., Ltd. on October 15, 2010 (hereinafter “F”).

(2) On October 15, 201, 200,000 won was extended to 22% per annum on the date of the expiration of the loan period, 10% per annum on October 15, 201, and 22% per annum on the damages for delay. D applied for the payment order (hereinafter “instant payment order”) to the effect that “D shall jointly and severally with F, and jointly pay the Plaintiff 4,034,472,467 won and 1,96,786,046 won calculated at the rate of 22% per annum from July 19, 2016 to the date of full payment” (hereinafter “instant payment order”).

D On November 13, 2016, the above payment order was finalized on November 29, 2016 because it was served with the original copy of the above payment order and did not raise an objection against it.

C. D on May 8, 2014, deposited KRW 103,00,000 from his G account (Account Number H) to Defendant C’s G account (Account Number I). 2) D on November 25, 2014, deposited KRW 10,000,000 in total (Account Number J) 20,000 in Defendant C’s G account (Account Number J).

D The execution of a sales contract for D is not more than 'the real estate listed in the separate sheet to Defendant B on December 9, 2016.'

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