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(영문) 서울중앙지방법원 2017.12.20 2017나9120
사해행위취소
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s preservation claim against B 1) The Bankrupt Savings Bank (hereinafter “Bankruptcy Bank”)

A. D Co., Ltd. (hereinafter “D”) on May 27, 2010

B) B entered into a credit transaction agreement with respect to KRW 8.5 billion and KRW 9 billion and loaned each of the above amounts to D. D, which actually controlled D, jointly guaranteed debt to the above D bank. From July 27, 2011 to August 19, 2011 to KRW 8.5 billion and from August 19, 201 to KRW 9 billion, the bankruptcy bank filed an application for a payment order with respect to KRW 8.5 billion against D and B, which falls under the above loans, from Incheon District Court Decision 2012j12494 to KRW 1759 million and KRW 8.5 billion from July 27, 2011 to KRW 9.1 million from August 29, 2011 to KRW 9.1 million from September 25, 2012 to KRW 2001.

D For the above payment order, the above payment order was finalized, and for B, the original of the payment order was impossible to be served, and it was implemented as a litigation procedure (In Incheon District Court 2013da3049).

3) On September 26, 2012, the Bankruptcy Bank was declared bankrupt by the Incheon District Court 2012Hahap9 (Seoul District Court). On April 8, 2013, the Plaintiff taking over the Bankruptcy Bank was sentenced to a favorable judgment in the said litigation case against B, and the said judgment became final and conclusive on May 16, 2013. (B) The Defendant is the spouse B’s spouse.

2) B is exempt from both the foregoing D and C (hereinafter “stock company”)’s entry.

(C) On June 9, 201, the bank account in the name of D transferred KRW 100 million to the bank account in the name of C from June 9, 201.

The KRW 100 million transferred as above is each cashier's checks of this case after the following process:

(C).

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