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(영문) 서울북부지방법원 2016.03.25 2013나7347

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On September 18, 2011, a stock company A (hereinafter “A”) was declared bankrupt on August 31, 201 by Suwon District Court No. 2012Hahap23, after receiving a decision on insolvent financial institutions and an order to improve management from the Financial Services Commission, and the Plaintiff was appointed as a trustee in bankruptcy on the same day and taken over the instant lawsuit.

B. From August 25, 2006 until September 18, 2011, C, while serving as a full-time audit committee member, whose execution of duties was suspended, caused damage to A with the wind as an auditor who neglected to perform a loan in violation of Article 37 (Prohibition of Credit Extension, etc. to Large Stockholders) of the Mutual Savings Banks Act, Article 3 (Principle of Loan) and Article 8 (Preservation Measures for Claims) of the Standard Loan Regulations of the Mutual Savings Bank. The Seoul Central District Court rendered a judgment of Seoul Central District Court on January 14, 2016 to the Plaintiff, that “The actual borrower, who is a large shareholder, actually holds 10% equity interest in G, and that KRW 38 billion loan of KRW 38 billion during the period of December 17, 2010, and KRW 100 billion during the loan-related period of KRW 200 million in the name of the Plaintiff, and KRW 28 billion during the loan-related period of KRW 100 million in the name of the Fund.

C. C’s claim No. 1, which is the sole property between the Defendant, who is the spouse of the former and the latter’s spouse on September 20, 2011, under the status of excess of the obligation.

With respect to each of the real estate mentioned in the subsection (hereinafter referred to as the "real estate of this case"), the case is the maximum debt amount of KRW 70 million, C with the debtor and the mortgagee as the defendant.