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(영문) 서울고등법원 2016.04.07 2015나2049529
사해행위취소
Text

1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and the Plaintiff’s portion of revocation is against the Defendants.

Reasons

1. Basic facts

(a) C’s joint and several liability obligations and performance ability 1) The bankrupt Samsung Mutual Savings Bank (hereinafter “TIB”)

D Co., Ltd. (hereinafter “D”) on June 3, 2010

B) The loan was executed after entering into a credit transaction agreement with the credit limit amount of KRW 960 million. C is a joint and several surety (hereinafter “joint and several surety”) within the limit of KRW 1.248 billion with D’s debt at the time.

(2) A) From November 30, 201, C is insolvent until now, and the amount of the credit of the Twit Savings Bank based on the said credit transaction agreement is KRW 1,489,037,872 as of October 2, 2013, including the principal amount of KRW 913,05,467, delay damages, KRW 575,834,974, late payment damages, and KRW 147,431, as of October 2, 2013.

3) On the same day as the Plaintiff was declared bankrupt on June 24, 201, and was appointed as a bankruptcy trustee on the same day. (b) On June 9, 2010, Samwon Savings Bank: (a) paid money to Defendant A; (b) issued a cashier’s checks of KRW 100 million at the face value to Defendant A, one of its own wife; (b) as indicated in the separate sheet, C transferred the money listed in the separate sheet from November 30, 201 to April 3, 2013, including transfer of KRW 61,50,000,000,000 from Defendant A’s own new bank account or Nonghyup Bank account (hereinafter “Defendant A’s deposit account”); and (c) deposited the money listed in the separate sheet No. 1, such as transfer of money in the separate sheet No. 2, 77,000,000 won into a check.

From June 7, 2010 to April 3, 2013, a total of KRW 256 million was remitted.

2) On February 1, 2012, C paid 200 million won’s cashier’s checks (in the face value of KRW 100 million, KRW 100 million, KRW 100 million, KRW 200,000, KRW 1000,000, KRW 100,000, KRW 100,000) to Defendant B (the former name of the name before the name of the name) who is his/her mother. [Grounds for recognition] In the absence of any dispute, Party A, 4, 7, 15 through 17 (including those which have a serial number).

(c).

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