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(영문) 부산지방법원동부지원 2015.06.12 2014가합100855

사해행위취소

Text

1. The plaintiff's main claim shall be dismissed.

2. Defendant B’s title trust on January 9, 2015 to D (E).

Reasons

1. Basic facts

A. (1) The Plaintiff was appointed as a trustee in bankruptcy on August 16, 2012 by the Busan District Court after having been declared bankrupt by the Plaintiff Company A (hereinafter “A”).

(2) Around 1995, D became a member of A and took overall charge of credit affairs as a director from January 12, 2004 to February 16, 201.

(3) Defendant B is the wife of D, and Defendant C is the wife of D.

B. D’s criminal case progress in collusion with F, etc., A’s management, while serving as A’s director, was sentenced to a suspended sentence of three-year imprisonment with labor for a crime, such as credit extension to a major shareholder of KRW 284.2 billion, trust due to voluntary termination of security equivalent to KRW 176.4 billion, trust related to new construction and sale of the Dokdong Commercial Building equivalent to KRW 10.6 billion, trust related to loan of KRW 85 billion related to the Dokdong Commercial Building, trust related to the 179 billion loan related to the Dok Urban Development Project, trust of loan of KRW 179 billion related to the Dokdong New Airport Development Project, and trust related to the 42.3 billion loan related to the expressway development project, etc. (Seoul Central District Court Decision 2011Da40340, Feb. 21, 2012).

Seoul High Court Decision 2012No832, 1240 decided August 17, 2012, Supreme Court Decision 2012Do10629 Decided January 24, 2013, Seoul High Court Decision 2013No424 Decided May 10, 2013)

On April 3, 2013, the Plaintiff filed a lawsuit claiming damages amounting to KRW 22.4 billion (Seoul Central District Court 2013Gahap513658), which is part of the non-performing loan claims, excluding the recovered amount, with respect to damages incurred by the violation of the above duties against D on April 3, 2013, and is continuing the lawsuit.

D Financial transactions, etc. between D and the Defendants (1) between April 30, 2009 to May 4, 2010, 11, 200,268,254 won, and from June 25, 2010 to February 10, 201, via the new financial investment account (Account Number G) of Defendant B. < Amended by Act No. 10683, Feb. 10, 201>