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(영문) 부산지방법원 2015.06.10 2014가합44980
사해행위취소
Text

1. Revocation of a contract of gift concluded on May 10, 201 between the defendant and B (C).

2. The Defendant shall have against the Plaintiff 103,00.

Reasons

Basic Facts

On January 29, 2010, Busan Savings Bank (former: Busan Mutual Savings Bank; hereinafter “BF”) concluded a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with each of the credit limit amounting to KRW 14,900,000,000, the expiration date of the credit period, January 29, 2011, interest rate of KRW 10,000, and delay compensation rate of KRW 21% per annum.

B From December 29, 2010, in accordance with the instant credit transaction agreement, B did not pay interest on KRW 14,298,513,120 (hereinafter “instant loan”) that was loaned from the Busan Savings Bank in accordance with the instant credit transaction agreement. The principal and interest of B as of May 2, 2014 is the principal and interest of KRW 14,298,513,120, interest and delay damages 10,051,082,475, total amount of KRW 24,349,595,596.

B On April 30, 201, D and E sold KRW 115,00,00,000 of the Fran-gu, Busan (hereinafter “instant real estate”) owned by D and E, and D transferred KRW 103,000,000 out of the purchase price on May 10, 201 to an account under the name of the Defendant (corporate bank G) (hereinafter “instant donation”).

Busan Savings Bank was declared bankrupt on August 16, 2012 (Seoul District Court 2012Hahap4), and the plaintiff was appointed as a trustee in bankruptcy of Busan Savings Bank on the same day.

【In light of the fact that there is no dispute, Gap evidence No. 1 (a letter of credit transaction and the seal page No. B, and the authenticity of the entire document is presumed to have been established due to the lack of dispute. The defendant asserts that the letter of credit transaction was forged, but the evidence submitted by the defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it), Gap evidence No. 2 through 4 (including each number; hereinafter the same shall apply), and the facts as above, the establishment of the principal and interest claim based on the credit transaction agreement of this case as to the existence of preserved claims as a whole, the plaintiff claims against B on January 29, 201, which is the expiration date of the credit period of this case.

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