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(영문) 서울중앙지방법원 2017.12.13 2015가합577762
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 2012, the Plaintiff was declared bankrupt on August 31, 2012 due to the aggravation of the financial status due to the poor lending management, etc., the Mapo Savings Bank Co., Ltd., a party to the dispute (hereinafter “Seoul Savings Bank”), and on the same day, the Plaintiff was appointed as the trustee in bankruptcy of the Suwon Savings Bank.

C is the internal director of corporation D(hereinafter referred to as “D”) and the defendant A is the spouse of C and has 1 South and North son's children between C and C, and the defendant B is the spouse of C.

B. The Komato Savings Bank concluded a credit transaction agreement with D as indicated below with respect to the occurrence of the instant loan claim and payment order against C, and C jointly guaranteed a loan claim under the said credit transaction agreement (hereinafter “the instant loan claim”) up to KRW 16,950,000,000.

However, D lost the benefit of August 3, 201 at the end of delinquency in paying the principal and interest on the instant loan claims.

On May 8, 2007, the interest rate of the loan interest rate of the new date of maturity of the new subject of credit was delayed 7,50,000,000 annual 11% per annum 25% per annum on August 8, 2008, 2010, general loans 2,900,000 annual 14% per annum 26% per annum on August 27, 2010, general loans 3 general loans 30,000,0000,000 26% per annum 50,000,000 annual 24% per annum 124% per annum on March 3, 2012, and 30,000,000, 10,000,000,000 per annum 24% per annum 24,000,000 per annum 10,000 per annum 29,500,00 debtor’s 29.

C. From November 10, 2010 to September 26, 2012, C concluded a sales contract with Defendant A and Defendant B are as follows: (a) from November 10, 2010 to September 26, 2012, Defendant A paid KRW 156,153,715.

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