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(영문) 광주지방법원 2017.12.14 2017가합52158
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. On June 7, 2006, Busan Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) lent KRW 1,50,000,000 to E under the joint and several sureties, joint and several sureties Co., Ltd. (hereinafter “B”), C and D.

(hereinafter “instant loan”). (b)

(1) On December 30, 2011, Busan Solomon Savings Bank transferred the instant loan claim to Scktain Investment Loan Co., Ltd. (hereinafter “Scktain Investment Loan”).

(2) On January 3, 2014, Sck Investment Loan filed an application for payment order against E, B, C, and D with respect to KRW 57,095,982, and KRW 489,843,152, as to the principal and interest of the instant loan, and KRW 489,843,152 from December 31, 201 to the date of full payment. The payment order was finalized on February 7, 2014.

C. (1) On May 27, 2016, Sck Investment Loan re-transfered the instant loan claim to the Plaintiff. On July 18, 2016, Busan Solomon Savings Bank and Sck Investment Loan notified E of the transfer of each credit.

(2) On September 29, 2016, the Plaintiff was granted the succeeding execution clause on the instant payment order.

(1) B was established on May 19, 2008 for the purpose of wedding hall business, restaurant business, etc., and was engaged in wedding hall business with its head office located in net City F.

After that, B was dissolved in accordance with Article 520-2(1) of the Commercial Act on December 2, 2013, and the liquidation was completed in accordance with Article 520-2(4) of the Commercial Act on December 2, 2016.

(2) The defendant is a stock company established on December 16, 2008 for the purpose of wedding business, restaurant business, etc., and is engaged in wedding business with its head office located in net City F.

[Ground of recognition] The facts without dispute, Gap evidence 3 to Gap evidence 7 (including each number, hereinafter the same shall apply), the whole pleadings.

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