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(영문) 서울중앙지방법원 2015.07.24 2014가합569870
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against Handong Holdings Co., Ltd. 1) The Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”).

on January 26, 2006 (hereinafter referred to as "Dong Jae-do") No. 1333, 2006

(2) The Korea Exchange Holdings Co., Ltd. (hereinafter referred to as the “Korea Exchange Holdings”) entered into a comprehensive collateral guarantee agreement with a maximum guarantee amount of KRW 10,400,000,000, annually agreed interest rate of KRW 11%, annually agreed interest rate of KRW 25%, annually, and provided loans to the Korea Exchange Holdings (hereinafter referred to as “Korea Exchange Holdings”) on the same day.

3) As of September 19, 2014, the principal and interest of the debt owed to the Gyeonggi Savings Bank of East-do was a sum of KRW 15,322,818,352 (principal principal KRW 3,565,628,988, failed interest KRW 9,071,525,073, failed interest KRW 30,980,244, calculated interest KRW 2,654,684,047). (4) On December 6, 2011, the Plaintiff applied for a payment order for the payment of the above loan debt and the joint and several debt debt to Dong-do and its joint and several debt debt (including Han Dong-dong crowdfunding) with the Government District Court Decision 201Da43777, Dec. 6, 2011, the Plaintiff served an order for payment of the above loan debt and the payment order on September 21, 2012.

5) The Gyeonggi Savings Bank was declared bankrupt by the Seoul Central District Court on July 1, 2013 (Seoul Central District Court Act No. 2013Hahap88), and on the same day, the Plaintiff was appointed as the bankruptcy trustee of the Gyeonggi Savings Bank. (B) On May 7, 2013, Korea Holdings and the Defendant entered into a sales contract for each real estate listed in the separate sheet (hereinafter “each real estate of this case”) with the Defendant and the Defendant on May 7, 2013, and entered into a sales contract for each real estate of this case (hereinafter “the sales contract of this case”). The Daegu District Court received on May 8, 2013 from the Defendant, and concluded a sales contract for each real estate of this case as the purchase price (hereinafter “the sales contract of this case”).

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