사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From September 27, 2010 to September 26, 2011, C took charge of credit business as a non-registered director of a stock company A (hereinafter “A”), and the Defendant is the denial of C.
B. As a trustee in bankruptcy of A, the Plaintiff filed a claim for damages against C arising from illegal loans to major shareholders of A, illegal loans in violation of loan-related regulations, and illegal loans through borrowed borrowers (Seoul Central District Court 2013Gahap505275). The said lawsuit is pending.
C. C deposited KRW 6,50,000,000 on October 5, 2009, KRW 500,000 on the Defendant’s Han Bank D account, KRW 5 million on February 11, 2010, KRW 7,500,000 on March 24, 2010, KRW 10,000 on September 27, 201, KRW 23,000 on January 23, 201, KRW 500,00 on February 5, 201, KRW 1,000 on February 21, 201, KRW 2,50,00 on March 22, 201, KRW 6,50,000,00 on the aggregate, including KRW 1,50,000 on March 22, 201.
(hereinafter “each of the instant transfers”) D.
A was declared bankrupt by the Seoul Central District Court on April 30, 2013, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
[Ground of recognition] Facts without dispute, Gap 1 to Gap 7-3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that C is liable to compensate A for damages of KRW 4,846,00,000 as a person in charge of credit business under the Mutual Savings Banks Act and damages of KRW 10,285,00,00 as other unfair loans, by neglecting his/her duty of prohibiting credit extension to a large shareholder under the Mutual Savings Banks Act. As such, the Defendant, who is his/her spouse from October 5, 2009 to March 22, 201, when he/she is liable for such damages, constitutes a gift and constitutes a fraudulent act that further deepens his/her excess of liability.
Therefore, each transfer of this case between C and the defendant shall be revoked by fraudulent act, and the defendant shall be obligated to pay to the plaintiff 62.5 million won and damages for delay that have been remitted by the gift contract to the plaintiff due to restitution to its original state.
B. Determination 1.