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(영문) 서울중앙지방법원 2017.01.18 2016가단5001420
사해행위취소
Text

1. A contract of donation of KRW 80,500,000 entered into on February 21, 2013 between B and the Defendant shall be revoked.

2. The defendant 80. 80.

Reasons

1. Presumed factual basis

A. 1) The Bankrupt Savings Bank, Inc. (hereinafter “Bankruptcy Bank”)

A) On May 27, 2010, D Co., Ltd. (hereinafter referred to as “D”) is jointly and severally guaranteed by B.

(D) The bankrupt bank failed to pay interest on a loan to the bankrupt bank from July 27, 2011 to KRW 9 billion, and from August 19, 2011 to KRW 9 billion to KRW 8.5 billion, and from KRW 8.5 billion to KRW 8.5 billion to KRW 8.5 billion, the bankrupt bank filed an application for the payment of interest on the loan to D and B from August 25, 2012 to Incheon District Court Decision 2012 tea12494 to KRW 8.5 billion from July 27, 2011 to KRW 9.9 billion from the above loan, but the bankruptcy bank filed an application for the payment order to KRW 3.4 million from August 19, 2011 to KRW 3,000 from the above loan amount to KRW 1.5 billion from the above loan amount to KRW 1.5 billion to the above loan amount to KRW 9.3 billion from the above District Court.

3) On September 26, 2012, the Bankruptcy Bank was declared bankrupt by the Incheon District Court 2012Hahap9. On April 8, 2013, the Plaintiff taking over the Bankruptcy Bank was sentenced to a favorable judgment in the said litigation case against B on April 8, 2013, and the said judgment became final and conclusive on May 16, 2013. (b) B (i) Company C (hereinafter referred to as “Stock”) (hereinafter referred to as “Stock”) Company C (hereinafter referred to as “C”) was in fact under its control, and (ii) Company B, who was exercising significant influence as a second shareholder against I, transferred KRW 100 million from D’s bank account to C bank account.

2. KRW 37,800,000, out of KRW 100,000,000, which was transferred to the Korean bank account, was transferred to the Jeju bank account by J on June 28, 201, B was in office as a registration director, and the principal amount was around 2009.

It was transferred to K's account in which 17.63% of shares was owned as a shareholder through I, and as a sales contract deposit, it was transferred to K's account.

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