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(영문) 서울중앙지방법원 2015.10.27 2015가합516156
사해행위취소
Text

1. The Defendant A and Nonparty C cancel the gift agreement on KRW 45,000,000 entered into on May 11, 2010.

2. Defendant.

Reasons

1. Basic facts

A. The Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) is a company with the objective of receiving deposits and installment savings, lending funds, etc.

Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as bankruptcy trustee.

The Defendants are children of Nonparty C who jointly and severally guaranteed the debt obligations of D Co., Ltd. (hereinafter referred to as “D”) that have been loaned by Seoul Mutual Savings Bank.

B. On August 29, 2006, the Plaintiff’s claim against C (1) created a collateral security right with a maximum claim amounting to KRW 5.2 billion per annum, KRW 12% per annum, KRW 23% per annum, KRW 23% per annum, and KRW 29% per annum on August 29, 2007, the expiration date of the extension period (hereinafter “instant loan”). On the same day, the Plaintiff created a collateral security right with respect to each of the instant real estate E, F land, and one-half shares of each of the instant real estate (hereinafter “instant real estate”).

On the other hand, C, which had been the representative director of D, guaranteed D's liabilities for the above loans to Seoul Mutual Savings Bank.

(2) On April 6, 2007, D repaid 100 million won out of the above loans to Seoul Mutual Savings Bank. On August 29, 2007 and August 29, 2008, the expiration date of the credit period of this case was extended on August 29, 2007 and August 29, 2008.

(3) However, D paid only interest until April 28, 2009, and did not pay the interest accrued thereafter, delay damages, and principal of the loan. Accordingly, Seoul Mutual Savings Bank participated in the procedure of auction of the real estate rent of the Daejeon District Court, Seosan Branch G, H(combined), and H(Consolidated), which was the senior mortgagee of the instant real estate, and received dividends of KRW 1,654,752,630 on June 23, 2010.

C. C. The Defendants of C.

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