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(영문) 서울중앙지방법원 2015.07.21 2014가합543137

사해행위취소

Text

Of the instant lawsuit, the conjunctive claim is dismissed.

The plaintiff's primary claim is dismissed.

The costs of lawsuit.

Reasons

1. Basic facts

A. (1) Status A Co., Ltd. (hereinafter “A”) is a financial institution established by the Mutual Savings Banks Act for the purpose of credit fraternity business, credit installment savings business, and receipt of deposits and installment savings.

(2) On November 26, 199, D entered A and served as a full-time audit committee member from August 20, 2002 to August 25, 2005. Defendant B is an infant of D, and Defendant C is a wife of D.

B. A’s business suspension and bankruptcy (1) Financial Services Commission decided A as an insolvent financial institution on December 21, 2012, and issued a business improvement order, and on February 15, 2013, decided to suspend business.

(2) On September 26, 2013, A was declared bankrupt by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as bankruptcy trustee.

C. During the remittance between D and Defendant C, D transferred KRW 12,734,730,00 on March 26, 2010 to the national bank account under the name of Defendant C (F), and KRW 10,034,70 on April 22, 2010, respectively, from the bank account under the name of Defendant C to the bank account under the name of Defendant C, and deposited KRW 10,034,70 on April 20, 2010 to the above national bank account under the name of Defendant C, and transferred KRW 12,734,730 on April 29, 2010 to the above national bank account under the name of Defendant C; KRW 10,000 on May 11, 2010; KRW 10,000 on the national bank account under the name of Defendant C; and KRW 30,000 on the national bank account under the name of Defendant C; and KRW 10,010 on the above national bank account under the name of Defendant C.

(2) On May 26, 2010, D transferred KRW 20,000 from its national bank account under the name of Defendant C to the above national bank account in the name of Defendant C. On June 24, 2010, the said money was again transferred to the national bank account in the name of D (J) and again transferred on June 29, 2010 to the corporate bank account in the name of Defendant C (K).

(3) On February 4, 2010, D deposited KRW 51,421,620 into the company bank account in the name of the defendant C at the A Line branch.

D The remittance between D and Defendant B was subscribed on May 15, 2012.