logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.28 2015나2027574
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

(a) The Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) 1) The Promotion Savings Bank’s loan bonds, etc.

F Co., Ltd. (hereinafter referred to as “F”)

on December 16, 2010, KRW 6 billion (hereinafter “No. 1”)

(2) On March 31, 201, KRW 550 million (hereinafter referred to as “second-party loan”)

(2) On December 16, 2010, E, the representative director of F, entered into a contract of collateral guarantee up to KRW 8.4 billion with respect to the first loan on December 16, 201, and entered into a contract of collateral guarantee up to KRW 9.17 billion with respect to the first and second loans on November 16, 201.

3) On June 23, 2012, the Promotion Savings Bank was not repaid from F despite the lapse of June 23, 2012, which is the maturity date of the Claims for Loans Nos. 1 and 2. The amount of such claims was 6,549,382,476, interest 2,675,445,929 as of January 13, 2014, totaling KRW 9,225,567,725 as of January 13, 2014, and KRW 739,920 as of this natural body fees, and KRW 739,920 as of January 13, 2014.

B. E paid the amount of KRW 430 million in total, including KRW 30 million on August 9, 2013, after withdrawing KRW 754 million from his/her affiliated account (G), the amount of KRW 30 million on August 9, 2013, KRW 30 million on August 12, 2013, and KRW 100 million on August 14, 2013, was remitted to the Defendant’s deposit account.

(hereinafter referred to as “each of the instant monetary acts”). 【No dispute exists concerning the payment of each of the instant monetary acts (based on recognition), entry in Gap 1 through 4, and 8 certificates (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. The plaintiff asserts that E, which was insolvent, paid to the defendant a total of KRW 430 million, and this constitutes a gift or a fraudulent act in collusion with the defendant and constitutes a repayment that constitutes an intent to prejudice other creditors. Thus, the plaintiff asserts that the defendant is obliged to pay the above KRW 430 million to the plaintiff upon cancellation of this and restitution to its original state.

As to this, the defendant, E, from the defendant, shall borrow money.

arrow