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(영문) 인천지방법원 2016.10.05 2016나52197
사해행위취소
Text

1. Revocation of a judgment of the first instance;

The defendant concluded with B on August 11, 2014 with respect to buildings listed in the separate sheet.

Reasons

1. Basic facts

A. (1) On August 23, 2007, the Busan Savings Bank Co., Ltd. (hereinafter “UB Savings Bank”) entered into a comprehensive loan agreement with C on the joint and several guarantee (26,00,000,000 won) of the representative director B of the C Co., Ltd. (hereinafter “C”) with C on August 23, 2007, and entered into a joint and several guarantee agreement with B (5,200,000,000 won) on June 19, 2009.

(2) Pursuant to each of the above agreements, the Busan Savings Bank implemented each of the loans to C, but C and B delayed repayment of each of the above loans. On August 23, 2011, the benefit of the due date for the obligations under the lending agreement was lost on August 23, 2007, and around June 19, 2012, the benefit of the due date for the obligations under the lending agreement was lost.

As of June 23, 2014, C bears with respect to the Busan Savings Bank as of June 23, 2014, the principal amount of each loan was 25,051,787,710 won (24,862,816,277 won +188,971,433 won) and the total interest and arrears amount was 18,331,617,684 won (1,301,221,901 + 17,030,395,783 won).

B. The Busan Savings Bank was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

(hereinafter referred to as the “Plaintiff”) C without distinguishing between the Busan Savings Bank and the Plaintiff.

Attached Form

On August 13, 2014, B (hereinafter “instant building”) completed the registration of ownership preservation for buildings listed in the separate sheet (hereinafter “instant building”), and completed the registration of ownership transfer for the purport of the claim to the Defendant on August 11, 2014 (hereinafter “instant sales contract”) on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 6, purport of the whole pleadings

2. Determination

A. (1) Each of the loans against B, a joint and several surety, by the Plaintiff.

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