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(영문) 서울중앙지방법원 2021.01.27 2020나765 (1)
사해행위취소
Text

All appeals filed by both the Plaintiff and Defendant B are dismissed.

Of the appeal costs, the part between the Plaintiff and the Defendant B is the defendant.

Reasons

1. Basic facts

A. The status of the parties concerned and the pertinent Plaintiff are bankruptcy administrators of A Co., Ltd. (hereinafter “A”) prior to the bankruptcy, and E is a joint and several surety for the obligations of the R Co., Ltd. (hereinafter “R”) to which they held office as a representative director.

Defendant B is the denial of Defendant B, Defendant D is the wife of E, and Defendant D is the company in which Defendant D was a director in the company.

B. 1) A loaned 2 billion won to R on October 10, 201 to the due date on November 10, 201, the agreed interest rate of 14% per annum, and 26% per annum on delayed compensation rate of 1,675,400,000, respectively, and E guaranteed the above loan obligation of KRW 1,675,40,000 (hereinafter “the loan agreement of this case”). 2) A was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Ha and the Plaintiff was appointed as the bankruptcy administrator.

3) As R does not pay the above loans, the Plaintiff filed an application with R and E for a payment order with the Seoul Central District Court 2015 (239541) to the effect that “R shall pay the Plaintiff 1,618,949,759 won and the amount of KRW 1,197,229,702 per annum from September 16, 2015 to the date of full payment, and E shall jointly and severally with R to pay the said amount within the limit of KRW 1,675,40,000,000.” On March 23, 2016, the payment order ordered the payment of the said amount was issued and confirmed around that time.

(c)

On November 27, 2013, E and the Defendants remitted KRW 30,000,00 from the F bank account (Account Number: G; hereinafter “E account”); ① Defendant B’s H bank account (Account Number: I; hereinafter “B 1 account”); ② Defendant Company’s bank account (Account Number: J; hereinafter “Defendant Company account”); ② Defendant Company’s bank account (Account Number: J; hereinafter “Defendant Company account”) transferred KRW 20,000,000 to each of the instant remittance activities (hereinafter “instant remittance activities”); and collectively, “the instant remittance activities”).

“......”

(ii)..

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