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(영문) 부산지방법원 2015.10.22 2014가합53571
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) Busan Savings Bank Co., Ltd. (hereinafter “BO Savings Bank”)

(2) On August 16, 2012, the Defendant was declared bankrupt by Busan District Court 2012Hahap4, and the Plaintiff was appointed as a trustee in bankruptcy. (2) The Defendant is the B’s representative director of the Company C (hereinafter “C”) that borrowed a loan from the Busan Savings Bank, as examined below.

B. B’s joint and several liability obligations for the Busan Savings Bank 1) The Busan Savings Bank concluded a credit transaction agreement and entered into an additional agreement with C as listed below (hereinafter “each of the loans of this case”).

C) Under Article 2(2) of the Credit Transaction Agreement, if a bank fails to perform its obligation on the expiration date of the credit period, or loses its interest under Article 7 of the Framework Terms and Conditions for Credit Transactions from that time, it agreed to pay damages for delay to the balance of the credit from that time. Pursuant to the provisions of Articles 1 through 3 of the Additional Terms and Conditions and the provisions of the Agreement, Busan Savings Bank agreed to apply the monthly fixed loan interest rate set forth each month. The sequence 14,00,000,000,000 general loan No. 200, Jun. 23, 2011; 2005,000,0000 general loan No. 100,000,0000 general loan No. 100,000,000 general loan No. 1305, Mar. 1, 2015; 200,0000 general loan No. 1000, Mar. 14, 2009

3 The loans No. 1 out of each of the loans of this case are extended up to August 18, 2010, and loans No. 2 No. 1 are paid only interest until July 22, 2010, and the subsequent interest is not repaid. The loans No. 1 out of the above loans are extended on July 19, 201.

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