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(영문) 부산지방법원 2015.08.12 2014가합48906

사해행위취소

Text

1.(a)

Each contract of donation between Defendant B and D as set out in the [Attachment 1] Nos. 4 through 7 of the [Attachment 1] concluded.

Reasons

1. Basic facts

A. Party A Co., Ltd. (hereinafter “A”)

(2) On February 17, 201, the Plaintiff was declared bankrupt on August 6, 201 by Busan District Court 201Hahap44, which was subject to a disposition of suspension of business by the Financial Services Commission, and the Plaintiff was appointed as a trustee in bankruptcy on the same day. 2) D was a person who served as a director in bankruptcy from July 1, 2002 to September 30, 2009.

(3) Defendant B is the wife of Defendant B, and Defendant C is the Plaintiff’s children. (2) Plaintiff D’s damage claim 1) D is the Plaintiff’s director while the Plaintiff’s director works for A, in collusion with F, etc., A’s management and affiliated savings bank established and run a real estate development project, and it was sentenced to a suspended sentence of five years for a period of imprisonment with prison labor for the following reasons: (a) Defendant B committed an act of breach of trust in violation of A’s duties in the course of performing the real estate development project; and (b) Defendant C was sentenced to a suspended sentence of five years; and (b) Defendant C’s damage claim 1

[2] The Plaintiff filed a lawsuit against D, etc. on February 21, 2012 (Seoul Central District Court Decision 201Da403, Seoul High Court Decision 2012No832, 1240, August 17, 2012; Supreme Court Decision 2012Do10629, Jan. 24, 2013; Seoul High Court Decision 2013No424, May 10, 2013) against D, etc. on April 3, 2013; and the Plaintiff filed a lawsuit against D, etc. on April 2013, 2013, Seoul Central District Court Decision 201Da513658, Jun. 25, 2015, the lower court declared D’s respective financial transactions to pay the Plaintiff KRW 29,290, 200, and the Defendants’ respective financial transactions damages damages amounted to the Plaintiff.

1) D) From October 7, 2009 to February 18, 2010, D total of KRW 36.5 million from D’s account and KRW 64.7 million from E’s account.