logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.04.30 2014나32078
사해행위취소
Text

The case of this case, the exchange of which has been changed in the trial, shall be dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 26, 2006, the Daepo Mutual Savings Bank paid 1.68 billion won to Co., Ltd. B (hereinafter “B”) on September 26, 2006, and lent 1.68 billion won on September 26, 2006, with interest rate of 12% per annum, and damages for delay rate of 23% per annum.

However, on May 25, 2007, the Korea Venture Savings Bank was decided as an insolvent financial institution and was subject to a disposition of revocation of business authorization by the Financial Supervisory Commission. According to a decision to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry, the amount of KRW 840 million out of the above loan claims was transferred to the Korea Venture Savings Bank (the title at that time was the “Stock Savings Bank” of the Korea Stock Company).

(The above decision to transfer contracts was made on May 25, 2007, and published on May 30, 2007, respectively). (B)

On the other hand, as to B, the rehabilitation procedure commenced on January 21, 2008, the creditor's objection became final and conclusive on July 17, 2009.

B, around July 23, 2010, after the decision to discontinue the above rehabilitation procedures became final and conclusive, around July 23, 2010, a letter of payment stating that “to pay KRW 2.61 billion to the Defendant by August 6, 2010” (hereinafter “instant statement of payment”). On August 3, 2010, B prepared a notarial deed No. 4797 of the White-Law Office’s No. 2010 (hereinafter “instant notarial deed”) with the content that accepting compulsory execution with respect to the obligations stated in the instant statement of payment, and the Defendant received a collection order with respect to the amount of claims and the amount until August 12, 2010 from the previous Jeju District Court No. 2010ta7565 (hereinafter “B’s notarial deed”).

C. Accordingly, on January 11, 2010, Korea Standards Savings Bank revoked the payment agreement of KRW 2.61 billion based on the instant payment note against the Defendant, and the Defendant filed a lawsuit seeking revocation of a fraudulent act with the Plaintiff to pay KRW 1,063,638,422 to the Plaintiff.

On the other hand, B on 2012.

arrow