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(영문) 서울중앙지방법원 2015.06.25 2014가합565519
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. Busan Two Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) was subject to a disposition of business suspension due to poor management, etc. as a financial institution under the Mutual Savings Bank Act. On March 7, 2012, the Plaintiff was declared bankrupt by Busan District Court 2012Hahap1, and became the trustee in bankruptcy of Busan2 Savings Bank.

B. On October 30, 2007, Busan2 Savings Bank concluded a credit transaction agreement with Meart C&C Co., Ltd. (former trade name: golf love Co., Ltd.; hereinafter “Meart C&C”), 12,000,000, interest rate of 10% per annum, interest rate of 10% per annum, and October 30, 201 with the expiry date of the credit term, and jointly and severally guaranteed the debt owed to Meart C&C’s Busan2 Savings Bank under the said credit transaction agreement.

C. However, M&C lost the benefit of time due to its failure to repay the principal and interest of the loan upon the expiration of the due date.

On the other hand, B transferred KRW 120,66,80 to the Defendant’s account in his/her own name from February 17, 2010 to August 9, 2011, as stated in the separate sheet of transactions, to the account transfer or cash transfer of KRW 120,66,80 as stated in the separate sheet

(hereinafter referred to as “instant remittance”). 【No dispute exists, entry in Gap evidence 1-1, 2, Gap evidence 2-3, Eul evidence 1-2, and Eul evidence 1-2, and the purport of the whole pleadings.

2. The Plaintiff’s assertion B is a joint and several surety who is responsible for the repayment of the principal and interest of KRW 12,00,000,000 as a loan principal and the amount equivalent thereto. In order to avoid the above liability, the Defendant entered into a donation contract with the Defendant, who is the wife, with the intent to avoid the above liability, and donated cash through the instant remittance. This constitutes a fraudulent act detrimental to the general creditor, such as the Plaintiff.

Therefore, each gift contract, such as the attached specification of transactions, shall be revoked as a fraudulent act, and the defendant shall restore to its original state the sum of the cash paid to the plaintiff through the instant remittance 120,66.

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