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(영문) 인천지방법원 2015.11.13 2015가합53328
사해행위취소
Text

1. The sales contract concluded on June 7, 2010 between the defendant and C (D) on each real estate listed in the separate sheet was 232,804.

Reasons

1. Basic facts

A. On August 16, 2012, the Plaintiff is a trustee in bankruptcy of A Bank (hereinafter “A Bank”) that was declared bankrupt by Busan District Court 2012Hamhap4.

B. On August 23, 2007, A Bank entered into a credit transaction agreement (hereinafter “the first credit transaction agreement of this case” or “the first loan obligation of this case”) with E Co., Ltd. (F Co., Ltd.) (hereinafter “E”), and C, a major shareholder of E, determined the maximum amount of 26,00,000,000 won and jointly guaranteed E’s above loan obligations as a collateral guarantee method.

On June 19, 2009, A Bank entered into a credit transaction agreement with E (hereinafter “the second credit transaction agreement of this case”) or “the second loan debt of this case” (hereinafter “the second loan debt of this case”) and C set the limit of the collateral guarantee amount of KRW 5,200,000 on the same day and jointly guaranteed E’s above loan debt of this case by the method of comprehensive collateral guarantee.

C. E delayed repayment of each of the instant loans. On August 23, 2011, interest arising from the first loan obligation was lost, and around 2012, interest arising from the second loan obligation was lost.

As of June 23, 2014, the sum of the principal and interest of each of the instant loans owed by E to A Bank as of June 23, 2014 is KRW 43,383,405,394 [the principal and interest of KRW 41,893,212,060 [the principal and interest of KRW 24,862,816,277, and interest of KRW 239,404,205 interest of KRW 24,862,816,277, and KRW 239,404,205 interest of KRW 14,790,91,579, 193,334 [the principal and interest of KRW 188,971,433, interest of KRW 1,267,905, KRW 316,263].]

C From November 5, 2008 to March 31, 2011, the Defendant, who had worked as an auditor, sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) (hereinafter “instant sales contract”) on June 7, 2010, and completed the registration of ownership transfer for each of the instant real estate to the Defendant on June 10, 2010.

(e)in this case;

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