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(영문) 서울중앙지방법원 2015.08.28 2014가합551985
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 26, 2006, C Co., Ltd. (hereinafter “C”) borrowed KRW 5,800,000,000 from the Future Savings Bank Co., Ltd. (hereinafter “B”) on April 26, 2008 with maturity of KRW 5,80,000,00, and on the same day B jointly and severally guaranteed C’s future savings bank’s loan obligation (hereinafter “instant 1 joint and several guarantee”).

C on April 26, 2008, it lost the benefit of time due to the delay in the repayment of principal to the future savings bank.

B. On March 26, 2007, D Co., Ltd. (hereinafter “D”) borrowed KRW 3,800,000,000 from Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”) on September 26, 2009 with maturity of KRW 4,940,000,00, and on the same day B jointly and severally guaranteed the debt of D’s loans to Daejeon Mutual Savings Bank (hereinafter “instant joint and several sureties”).

D on September 26, 2009, Daejeon Mutual Savings Bank lost the benefit of time due to the overdue repayment of principal.

C. B, around 11:22 on July 24, 2009, withdrawn KRW 250,000,000 from one’s post office E account, and then deposited KRW 50,000,000 in the Defendant’s Han Bank F account (hereinafter “instant Defendant’s account”) as a wife at around 11:24 on the same day, and deposited KRW 10,000,000 in sequential order and deposited KRW 10,00,000 in total (hereinafter “the instant deposit”).

On April 30, 2013, the Future Savings Bank was declared bankrupt by Seoul Central District Court 2013Hahap54, and the Plaintiff Korea Deposit Insurance Corporation was appointed as bankruptcy trustee.

Daejeon Mutual Savings Bank was declared bankrupt on February 2, 2012 by Daejeon District Court 201Hahap1, and the Plaintiff Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 8 (including each number in the case with a satisfy number), the purport of whole pleadings

2. The assertion and judgment

A. The plaintiffs' assertion B is that the future savings bank and the future savings bank according to the joint and several guarantee of the case Nos. 1 and 2.

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