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(영문) 서울중앙지방법원 2015.10.30 2014가합593521
사해행위취소
Text

1. The act of paying money within the scope of KRW 225,22,165 against the defendant in the plaintiff's primary claim shall be revoked and revoked.

Reasons

1. Basic facts

A. The new Savings Bank (Seoul Central District Court 2013Hahap161, Oct. 29, 2013) was declared bankrupt on October 29, 2013, and the Plaintiff was appointed as a custodian on the same day.

The term "Plaintiff" shall not be classified before and after the declaration of bankruptcy.

(C) On February 28, 2011, the credit transaction agreement between C and D, a director of the company, determines the credit limit amount to KRW 3 billion, the interest rate of KRW 11% per annum on August 28, 201, the expiration date of the credit period (hereinafter “the credit transaction agreement of this case”).

(2) On the same day, E, Auditor B, F, and G, the representative director of C, C, and C, concluded a comprehensive collateral security agreement with each of the following terms: (a) more than three years after the date of the agreement; (b) three years after the date of the agreement; and (c) the period for the settlement of accounts, with the prospective designation type designated by the guarantor upon written notification; and (b) G created a collateral security agreement with the debtor D and the maximum debt amount of KRW 4.2 billion with respect to the real estate owned by the Plaintiff (hereinafter collectively referred to as “instant real estate”), with respect to the size of KRW 540 square meters, 1964 square meters, 1964 square meters, J, and 660 square meters, which are owned by the Plaintiff.

B. After delinquency in the payment of principal and interest of D, the maturity date of the credit transaction agreement of this case was changed on November 28, 2012. D delayed payment of interest under the instant credit transaction agreement from July 5, 2012, and D failed to pay the principal of the loan even after the expiration date of the credit transaction agreement.

C. On August 6, 2012, with respect to the commencement of the voluntary auction procedure for the instant real estate and the Defendant’s successful bid, the voluntary auction procedure was commenced on August 6, 2012. On January 14, 2013, the Defendant, who is a partner of the guarantor B, was awarded the instant real estate on January 14, 2013 and paid KRW 117,429,200 as security deposit, and paid the remainder of KRW 1,059,913,80 as security deposit, and KRW 43,22,690 as security deposit, and completed the registration of ownership transfer for the instant real estate.

As to the defendant B and C, respectively.

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