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(영문) 서울고등법원 2015.03.19 2014나6581
사해행위취소 등
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. Credit transaction agreement and joint and several sureties Co., Ltd. (1) The Mapo Savings Bank (hereinafter “the Earth Savings Bank”), Inc. (hereinafter referred to as “the Earth Savings Bank”).

(A) On December 18, 2009, the co-defendant A (hereinafter referred to as “A”) of the first instance trial is limited to “A”.

B) The credit limit amount was KRW 400 million, the credit period was from December 18, 2009 to December 18, 2010, the interest rate was 12% per annum, and the compensation rate for delay was 25% per annum, and the credit transaction agreement was concluded between A and B (hereinafter referred to as “the instant loan claim”). Accordingly, the credit claim of the earth and sand savings bank is referred to as “the instant loan claim”).

(C) Co-Defendant B, C (hereinafter “B”), and “C” in the first instance trial.

(2) On December 18, 2009, the amount of guarantee limit on the root of service on December 18, 2009 is KRW 600 million, and the principal and interest of loan and other incidental obligations of Party A are jointly and severally guaranteed (hereinafter “joint and severally guaranteed contract”).

(2) On December 18, 2009, A, B, and C concluded a joint collateral creation agreement between the debtor, mortgagee, earth savings bank, and the maximum debt amount of H with respect to the above principal and interest of loan to A and other incidental debt to the Mamato Savings Bank, as collateral obligation, with respect to the land and building owned by B, the land and building owned by B, the F of the Matong-gun, the Matong-gun, the Matong-gun, and the land owned by C, and the land in H, with respect to the debtor, mortgagee, the Matoto Savings Bank, the maximum debt amount of which were 60 million won. On December 18, 2009, the joint collateral creation agreement was concluded between A and the Mato Savings Bank.

B. The gift C of each real estate of this case entered into a contract with the Defendant, the wife on September 17, 2010, to donate each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant (hereinafter “instant gift contract”), and completed the registration of ownership transfer on September 17, 2010 under the Defendant’s name with respect to each real estate of this case on the ground of which the contract was concluded.

C. On September 18, 201, the Komato Savings Bank, including the Plaintiff’s acquisition of loan bonds, shall take measures to determine insolvent financial institutions and to improve its management.

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