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(영문) 서울중앙지방법원 2016.07.13 2015가합577946
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Non-Party B (Limit: 30,000,000,000 integrated passbook loans 5,000,000,000 per annum 25% per annum from July 12, 2010 to July 12, 2011, which is a joint and several surety for the principal debtor at the interest rate for the extension period of the original credit subject on July 12, 2010, which is the date of base fact-finding (Korea-Japan Guarantee). Non-Party B (Limit amount: 30,000,000,000 to August 17, 2010) company Non-Party B (Non-Party B (Limit amount: 7,50,000,0000 to August 17, 2011).

A. On July 12, 2010, 2000 and 200

8. 17. Nonparty C (hereinafter “Nonindicted Company”) loaned money to Nonparty C, and concluded each credit transaction agreement with the following contents.

At this time, Nonparty B, the representative director of the non-party company, guaranteed each of the above loans of the non-party company up to KRW 37.5 billion.

B. As of September 15, 2015, Non-Party Company and Non-Party B did not pay the principal and interest of the above loan any more while paying only a part of the loan, the remaining principal and interest of the loan that the Non-Party Company owes to the Mapo Savings Bank is KRW 49,043,261,668.

C. Nonparty B remitted a total of KRW 416,920,000 to the Defendant, who was one’s wife, from January 11, 2011 to February 22, 2012 (hereinafter “instant remittance”).

On September 18, 2011, the Komato Savings Bank was suspended from its business until March 17, 2012 after it received a decision of an insolvent financial institution and an order to improve its business management from the Financial Services Commission. On August 31, 2012, the Suwon District Court was declared bankrupt on August 31, 2012, and the Plaintiff was appointed as the trustee in bankruptcy of the Komato Savings Bank on the same day.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 6 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion that Nonparty B is a joint and several surety against the Komato Savings Bank within the limit of total of KRW 37.5 billion.

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