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(영문) 서울중앙지방법원 2015.11.18 2014가단5201172

사해행위취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) Bankruptcy Debtor A Co., Ltd. (hereinafter “Bankruptcy Obligor”).

(2) On April 30, 2013, the Plaintiff was appointed as a trustee in bankruptcy after having been declared bankrupt by Seoul Central District Court 2013Hahap54 on April 30, 2013. (2) The Defendant is the wife of C, and C is a person who was in charge of the operation and performance of D, the representative director and the major shareholder, by holding the deputy head of the management support team of the debtor from December 7, 2008 to August 6, 2012.

B. The grounds of the instant case are as follows: (a) C is indicted on the charge of the crime of embezzlement of KRW 223,274,000,000,000,000,000,000,000,000,000,000 won, which are owned by five listed companies, including Hyundai Heavy Industries, which are owned by the debtor of bankruptcy, on April 2012; (b) knowingly, D embling the amount of KRW 20,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000 were as follows; (c) C was declared as the Seoul Central District Court on January 25, 2013; and (d) thereby aiding and abetting D’s embezzlement of 20,000,000,00 won,00,00,00.

The above case is pending in the appellate court due to C's appeal.

C. On December 31, 2012, C transferred KRW 90 million from the Defendant’s new bank account to the Defendant’s new bank account.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination of the parties' arguments

A. The summary of the parties’ assertion 1 The Plaintiff reduces the liability property by donating the amount of KRW 90 million to the Defendant with the intention to prejudice the creditors in a insolvent situation.