사해행위취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From August 30, 2007 to September 17, 2011, C served as a director and an audit committee member of a stock company A (hereinafter “A”).
B. D, etc., the representative director of A, performed a total of KRW 23 loans of KRW 77.5 billion from April 29, 2002 to June 29, 201 for the establishment of a comprehensive terminal. The said loans were conducted in the absence of a provision prohibiting the extension of credit to an individual borrower pursuant to Article 12 of the Mutual Savings Banks Act, etc., or neglecting a specific credit investigation and feasibility review for a borrower whose debt repayment capacity was uncertain at the time of loans in violation of Articles 3 and 8 of the Mutual Savings Banks Act, or failing to secure adequate human and material security.
In this regard, D et al. was convicted of a violation of the Mutual Savings Banks Act (see, e.g., Seoul Central District Court 2012Gohap412) on October 12, 2012 due to a violation of the Mutual Savings Banks Act (see, e.g., Seoul Central District Court 2012Gohap412), and the judgment of conviction became final and conclusive after appeal and final appeal.
C. C. The above-mentioned B
From December 26, 2008 to December 9, 2009, the loans of 18.7 billion won (hereinafter “instant loans”) were served as A’s audit committee members. D.
A was decided by the Financial Services Commission on September 18, 201 as an insolvent financial institution and was ordered to improve management and to suspend business, and was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
E. In a lawsuit claiming damages filed by the Plaintiff against C, etc., the Seoul Central District Court (Seoul Central District Court 2013Gahap515104), the said court recognized that C’s tort liability (hereinafter “instant tort liability”) with respect to the instant loan was committed as an audit committee member on July 16, 2015, limited the liability to 10% of the total amount of damages and the scope thereof.