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(영문) 대전고등법원 2016.05.19 2015나12879
사해행위취소
Text

1. The part against the plaintiff concerning the following part of the judgment of the court of first instance shall be revoked:

Co., Ltd.

Reasons

1. Basic facts

A. H Co., Ltd. (hereinafter “H”) concluded each credit transaction agreement with Daejeon Mutual Savings Bank as follows, and received the loan, and partly repaid the loan.

An annual interest rate of 17% per annum 21% per July 26, 2005 3.3 billion won on July 26, 2005, and interest of 3,298,917,096 won until December 30, 2008, and interest of 3,298,917,096 won from December 31, 2008, and interest and delay damages from December 34, 2006, KRW 17% per annum 21% per annum from July 26, 2009 to January 25, 2009, and interest of 300,000,000 won until December 36, 2006, and interest of 300,000 won from December 36, 200, 2006 to 300,006,006.

B. As to the payment of the above loans, H’s representative director I and company directors G, J (Representative G, director I), C (Representative Director I, shareholder G) and E (E) were jointly and severally guaranteed by H’s representative director G, and the representative director G.

C. On August 5, 2009, KRW 120 million was transferred from the account under the name of the above joint and several surety E (National Bank K) to the account under the name of the F Co., Ltd. (hereinafter “F”), and on the same day, from the said account under the name of F to the account under the name of Defendant A (National Bank M).

On the following day, KRW 74.5 million was deposited from the account in the name of Defendant A, and KRW 69 million was deposited in the account in Defendant B’s name (National Bank N) on the same day.

On March 6, 2013, the Plaintiff applied for a payment order against H and joint guarantor, the principal debtor of the above loan, to whom payment order was issued on March 22, 2013. The above payment order was finally finalized on July 4, 2013.

E. Daejeon Mutual Savings Bank was declared bankrupt on February 2, 2012 by Daejeon District Court 201Hahap1, and the Plaintiff was appointed as bankruptcy trustee.

【Legal basis for recognition】

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