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(영문) 서울중앙지방법원 2016.07.29 2015가단5342681
사해행위취소
Text

1. Revocation of a gift agreement of KRW 75,00,000, which was concluded on May 26, 201 between the Defendant and B.

2. The defendant is seventy-five days on the plaintiff.

Reasons

1. Basic facts

A. On August 5, 2010; 10.19, October 19 of the same year; and 21 of the same year, December 21 of the same year, 2012: (a) The Komato Savings Bank Co., Ltd. (hereinafter “Toma Savings Bank”) entered into this loan agreement with the non-party company C (hereinafter “non-party company”); (b) at the time of each contract, the representative director of the non-party company was jointly and severally and severally guaranteed the non-party company’s obligations to the Komato Savings Bank within the following limits, B’s guarantee limit on the loan amount of the extended subject on August 1, 201 to 2010 to 3.7 billion won on August 5, 2010 to 10.2 billion won on August 5, 2010 to 10.10 billion won on general loans of KRW 5.5 billion on August 5, 2011 to 20 billion on October 10, 2019.

(c).

On February 21, 2011, Nonparty Company aggravated its financial standing such as loss of benefit due to the failure to pay interest on a loan agreement Nos. 2 and 19 March 19, 201.

As of October 19, 2015, the remaining principal and interest of loan to be borne by the company to the Komato Savings Bank reaches KRW 9,623,035,542.

C. B, on May 26, 2011, remitted the instant money to the Defendant, the spouse, KRW 8 million (hereinafter referred to as “instant money”), and the Defendant wired KRW 5 million to B on June 30, 201.

On September 18, 2011, the Komato Savings Bank was suspended from its business until March 17, 2012 after it received a decision of an insolvent financial institution and an order to improve its business management from the Financial Services Commission. On August 31, 2012, the Suwon District Court was declared bankrupt on August 31, 2012, and the Plaintiff was appointed as the trustee in bankruptcy of the Komato Savings Bank on the same day.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, evidence 4-1, 5, evidence 6-1, 2, and Eul evidence 1.

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