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(영문) 서울고등법원 2015.12.24 2015나2058080
사해행위취소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. (1) On November 14, 1995, the new global comprehensive financial company (hereinafter “new global financial company”) entered into a bill transaction agreement with F Co., Ltd. (hereinafter “F”) with a limited trading amount of KRW 4.5 billion (hereinafter “instant first bill transaction agreement”), and E, etc. jointly and severally guaranteed the F’s obligation under the said bill transaction agreement with respect to the new global comprehensive financial company.

(2) Around May 29, 197, F borrowed a total of KRW 4.5 billion from a new global comprehensive finance in accordance with the First Promissory Notes Agreement. (3) Around May 29, 1997, F borrowed a sum of KRW 4.5 billion from a new global finance in accordance with the First Promissory Notes Agreement.

(3) Since then the New World Finance was declared bankrupt, G and Korea Deposit Insurance Corporation appointed as bankruptcy trustee of the New World Finance filed a lawsuit against E, etc. against Busan District Court 2002Da5527 against the claim for loans excluding the amount of partial repayment out of the claim amount of the instant No. 1. On October 8, 2002, the above court ruled on October 8, 2002 that “E, etc. jointly and severally, jointly and severally with the bankruptcy trustee and the Korea Deposit Insurance Corporation of the New World Finance for KRW 6,642,738,914 as well as KRW 4,423,067,68 as well as the amount calculated at the rate of 24% per annum from January 13, 200 to the date of full payment.” The above judgment became final and conclusive as is November 22, 2002.

(4) On June 8, 2014, the Plaintiff, as a trustee in bankruptcy of the New World General Finance and the successor of the Korea Deposit Insurance Corporation, was granted the succeeding execution clause to the said judgment (2002da5527).

B. On December 18, 1996, the Bank Co., Ltd. (1) may execute a bill transaction agreement with F on December 18, 1996, with a limit of transaction amounting to five billion won (hereinafter “instant bill transaction agreement”).

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