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(영문) 서울중앙지방법원 2016.09.29 2015가합538248
사해행위취소
Text

1.(a)

A contract for donation of KRW 15,000,000 entered into on August 24, 2011 between Defendant B and E shall be revoked.

(b) the defendant.

Reasons

1. Basic facts

A. The parties to the case are Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) with the aim of receiving deposits and installment savings, lending funds, etc.

Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the plaintiff was appointed as bankruptcy trustee.

E is a person who jointly and severally guaranteed the F Co., Ltd.’s loan obligations (hereinafter “F”), Defendant A is the spouse of Defendant A, Defendant B is the wife of Defendant A, Defendant C is the spouse of Dong Dong G, and Defendant C is the E’s spouse. Defendant D is the spouse of Dong Dong G, and Defendant D is the spouse of H, the father’s father’s wife of E.

B. On August 29, 2006, F took out loans from Seoul Mutual Savings Bank at the interest rate of 12% per annum, 23% per annum, 23% per annum, and 29 August 29, 2007 due to the expiration date of the extension period (hereinafter “the instant loans”).

(B) On the same day, 1/2 shares of 1/2 of the land and buildings on the land of Chungcheongnam-gun, Chungcheongnam-gun, J and its ground to the Seoul Mutual Savings Bank (hereinafter “instant real estate”).

As to F, E, the representative director of F, at the time, guaranteed F’s debt to Seoul Mutual Savings Bank. (2) On April 6, 2007, F repaid the debt of F to Seoul Mutual Savings Bank KRW 100 million out of the loan, and on August 29 and August 29, 2008, with respect to the remainder of KRW 5.1 billion of the loan principal, the expiration date of each credit period was extended and the expiration date of the credit period of this case was finally extended on August 29, 2009.

3. However, F paid only interest until April 28, 2009, and did not pay the interest, delay damages, and principal of the loan thereafter, and Seoul Mutual Savings Bank applied for the above real estate by Newan Mutual Savings Bank, Inc., a senior mortgagee of the instant real estate.

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