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(영문) 의정부지방법원 2018.02.14 2017가합52061
사해행위취소
Text

1. As between the Defendant and B,

(a) cancel a gift contract concluded on August 5, 2013; and

(b) was concluded on March 31, 2015.

Reasons

1. Basic facts

A. On December 21, 2012, the Seoul Central District Court was declared bankrupt on October 29, 2013, and the Plaintiff was appointed as a trustee in bankruptcy of the New Savings Bank on the part of the Seoul Central District Court.

B. On December 14, 2005, the New Savings Bank borrowed KRW 2,500,000,000 to C Co., Ltd. on December 14, 2007 with the due date of repayment of KRW 12% per annum, interest rate of KRW 12% per annum, and interest rate of delay damages rate of KRW 25%, and with the upper limit of KRW 3,250,000. B guaranteed the above loan obligations owed to the New Savings Bank by C within the limit of KRW 3,250,000.

C. On December 17, 2007, the New Savings Bank terminated the loan contract between the New Savings Bank and the Stock Company C on December 17, 2007, and notified the repayment of the loan with the knowledge that the total amount of damages for delay is KRW 5,136,986.

On the other hand, on June 19, 2013, the New Savings Bank filed a claim against C and B, etc. with the Incheon District Court for loans, etc. No. 20184, Jun. 19, 2013, “The new Savings Bank shall pay C and C shall pay 25% per annum for KRW 5,659,452,052 and 2,50,000 among them from January 3, 2013 to the date of complete payment, and B shall be jointly and severally and severally with C and jointly with D and 3,250,00,000 won per annum from January 3, 2013 to the date of full payment, and the above judgment became final and conclusive around the time of the above judgment.”

E. The Defendant is the legal spouse of B, and B remitted the Defendant KRW 435,870,40,00 each over twenty times from May 6, 2015 to March 3, 2016, respectively.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 3 through 6, 14 through 16, and the purport of the whole pleadings.

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