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(영문) 서울중앙지방법원 2015.04.07 2014가합502204
사해행위취소
Text

1. The plaintiffs' conjunctive claims against the defendant B and C are dismissed, respectively.

2. D and Defendant A, Inc.

Reasons

1. Basic facts

A. D is the representative director of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and owns all the shares issued by Defendant Co., Ltd.

E is the wife of D, and Defendant B and C are children of D and E.

B. H Co., Ltd. (hereinafter referred to as “H”) borrowed money from the Promotion Savings Bank Co., Ltd. (hereinafter referred to as “Promotion Savings Bank”), the Korea Savings Bank Co., Ltd. (hereinafter referred to as “Korea Savings Bank”), the Gyeonggi Savings Bank Co., Ltd. (hereinafter referred to as “Game Savings Bank”), the Solomon Savings Bank (hereinafter referred to as “Slomon Savings Bank”), and the Solomon Savings Bank (hereinafter referred to as “Slomon Savings Bank”), as indicated in Table 1, and as indicated in Table 1, D and E jointly and severally guaranteed each obligation of H’s loans.

[Attachment 1] A D’s joint and several surety E’s loan amount of KRW 9.75 billion on August 18, 2006, 11.2 billion on August 18, 2006, 2007 and KRW 4.1 billion on August 18, 2006, 2.2.5 billion on August 18, 2006, KRW 9.75 billion on August 18, 2006, KRW 9.75 billion on December 7, 2005, KRW 9.75 billion on August 18, 2006, KRW 2.75 billion on December 7, 2006, KRW 2.5 billion on the loan amount of KRW 9.7 billion on August 7, 2006, KRW 3.5 billion on the loan amount of KRW 3 billion on August 18, 2006, KRW 3.75 billion on the loan amount of KRW 3 billion on August 13, 200068 billion on August 18, 2006.

Since the first fraudulent act claimed by the plaintiffs on June 8, 2009, the amount of the above loan obligations for convenience is KRW 699,837,759.

On December 31, 2008, H’s total amount of loans to the Solomon Savings Bank and the amount of joint and several surety obligations to D and E to the Solomon Savings Bank, excluding the interest of KRW 8 billion and delay damages, = 11,69,837,759.

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