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(영문) 서울중앙지방법원 2015.11.05 2014가합550340

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. 1 Status of the Parties 1) A Bank A, Inc., a bankrupt (hereinafter “Bankruptcy”)

(2) A mutual savings bank under the Mutual Savings Banks Act was appointed by the Plaintiff as a trustee in bankruptcy on April 30, 2013 by the Seoul Central District Court 2013Hahap54, which was declared bankrupt on April 30, 2013. (2) The Defendant is C’s spouse, and C was a bankrupt from June 17, 2002, and was working as the head of the Seocho branch office of the bankrupt from November 1, 2007 to October 20, 201, and was serving as the head of the auditor from October 20, 2011.

B. During the period from May 28, 2008 to June 30, 201, C (1) borrowed a total of 380 billion won (16.95 billion won) over 5 billion won on 25 occasions in the name of Yu-mixed Co., Ltd. for the purpose of securing the acquisition price and the construction price of the golf course constructed and operated by D, which was the former representative director of D, from May 28, 2008 to June 30, 201, and thereafter borrowed a total of 36 billion won (16.4 billion won in loan) over 1.5 billion won in the name of D, 2.6 billion won in the name of D, and 2.6 billion won in the name of D, the Plaintiff violated the Mutual Savings Banks Act by offering a loan of more than 2.5 billion won to 3 billion won in the name of D and D 1.65 billion won in total to 3 billion won in the name of D and D 1.7.7 billion won in the name of D and 24 billion.