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(영문) 서울중앙지방법원 2017.02.07 2016가합507111
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. The parties 1) The non-party-party-based mutual savings bank (hereinafter “non-party-based mutual savings bank”)

(2) On September 7, 2012, the Plaintiff was declared bankrupt on September 7, 2012 by Seoul Central District Court 2012Hahap97, and the Plaintiff was appointed as the trustee in bankruptcy of the non-party bank around that time. 2) B is the representative director of the non-party D Co., Ltd. (hereinafter “D”), C is a director of D as the wife, and the Defendant is the mother of B and the mother of C.

B. On June 2, 2009, the non-party bank loaned 10 billion won to D on June 2, 2009 at the interest rate of 10% per annum (25% per annum) and on June 2, 2010. B and C guaranteed the above loan obligation to D on the same day. (2) On October 8, 2014, as Seoul Central District Court Decision 2014Hu52902 on the part of the above loan obligation, the plaintiff was jointly and severally issued a payment order with the plaintiff to the effect that "D, B, and C were 700,000,000 won per annum from January 2, 2010 to the delivery date of the original payment order, and 200% per annum from the payment order to the payment date."

On January 12, 2015, the Plaintiff was issued a payment order to the Seoul Central District Court 2014Da68298 with respect to part of the above loans: “D shall have KRW 930,00,000 per annum from January 2, 2010 to the service date of the authentic copy of the payment order; KRW 20% per annum from the next day to the day of complete payment; KRW 12,090,000; and KRW 9,300,000 among them, and KRW 20% per annum from the day after the date of service of the authentic payment order to the day of full payment.” The above payment order was finalized on February 3, 2015.

C. B, and B, remittance transaction B between the Defendant and February 201 and around January 201, the annexed Table 1 from February 201 to January 2014.

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