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(영문) 서울중앙지방법원 2016.04.01 2014가단5111095

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From September 10, 2002 to September 18, 201, C is a person who, as an actual manager, served as a full-time audit committee member at a stock company A (hereinafter “A”) and instructs the said bank to conduct the overall business as a full-time manager, and the Defendant is a grandchild of C.

B. C transferred to the Defendant KRW 10,000,000 from the A account under the name of the principal on July 5, 2011, in excess of its obligation.

(hereinafter “instant remittance”). C.

A On September 18, 2011, the business was suspended until March 17, 2012 after the Financial Services Commission received a decision on insolvent financial institutions and an order to improve business management, and was declared bankrupt on August 31, 201 by Suwon District Court 201Hahap23, and on the same day, the Plaintiff was appointed as a trustee in bankruptcy.

Meanwhile, C has caused damage to A as an auditor who neglected his/her duties as an auditor with respect to a loan in violation of Article 37 (Prohibition of Credit Extension, etc. to Large Stockholders) of the Mutual Savings Bank Act, Articles 3 (Principle of Loan), and 8 (Measures for Preserving Claims) of the Standard Loan Regulations. The Seoul Central District Court, on January 14, 2016, caused damage to C to the Plaintiff on August 28, 2009, upon the Plaintiff’s request, ① The Real Borrower D, who is a major shareholder, was in fact in possession of 10% equity interest in the lupt-con Complex Co., Ltd., Ltd.; ② The Seoul Central District Court, on December 17, 2010, rendered a judgment of KRW 38 billion in relation to the loan of KRW 3.8 billion in total, KRW 3 billion in total, KRW 3.5 billion in loan and KRW 1.7 billion in total, KRW 2.7 billion in loan and KRW 3 billion in the name of E.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and