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(영문) 서울중앙지방법원 2017.03.09 2016가단5147548
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) is a financial institution established on April 6, 1972 pursuant to the former Mutual Savings and Finance Company Act (amended by Act No. 6429, Mar. 28, 2001).

On October 31, 2012, the Solomon Savings Bank was decided to be an insolvent financial institution as prescribed by the former Act on the Structural Improvement of the Financial Industry (amended by Act No. 11630, Mar. 22, 2013), and its business was suspended from November 6, 2012 to May 5, 2013. On April 30, 2013, the Seoul Central District Court was declared bankrupt as the Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as the trustee in bankruptcy of the Solomon Savings Bank on the same day.

B. On June 23, 2006, the Solomon Savings Bank concluded a credit transaction agreement with C Co., Ltd. (hereinafter “C”) to grant loans by setting the credit limit amount of KRW 8,000,000,000 per annum, interest rate of KRW 10.5% per annum, and delayed interest rate of KRW 25% per annum.

C. B entered into a comprehensive collateral guarantee agreement between Solomon Savings Bank and Solomon Savings Bank on the same day to guarantee a debt to be borne by C to Solomon Savings Bank in accordance with the above credit transaction agreement within the limit of KRW 8,67,100,000.

C At the time of September 14, 2012, the amount of principal and interest payable to Solomon Savings Bank according to the above credit transaction agreement was reached KRW 8,169,417,219.

E. On September 11, 2012, B agreed to obtain a loan of KRW 150,00,000 as security from the D Apartment 1203 and 801 (hereinafter “instant apartment”) at the time of strike, which is owned by it, with the Kandong Life Insurance Co., Ltd. (hereinafter “Sandong Life Insurance”), and registered the establishment of the instant apartment with the debtor B and the maximum debt amount of KRW 180,00,000 for the instant apartment to the Kandong Life Insurance Co., Ltd. in the same month.

(f) B received a loan under the above loan agreement from the Youngdae Life Insurance on September 14, 2012, and on the same day, 150,000,000 won to the Defendant, his wife.

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