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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion C served as a director of A Mutual Savings Bank (hereinafter "A Savings Bank") from October 18, 2002 to November 30, 2004, and caused damages equivalent to KRW 21,170,000 of outstanding loans to A Savings Bank by committing an illegal act committed by the representative director of A Savings Bank. The plaintiff appointed as a trustee in bankruptcy of A Savings Bank shall be liable for damages due to the above illegal act against C.
However, during the period from May 11, 2009 to December 27, 2010, C concluded each gift contract with the defendant who had his spouse for a period from May 11, 2009 to December 27, 201, and remitted the money equivalent to the sum of KRW 425,580,000, as stated in the attached Table. Accordingly, since C’s insolvency has deepened, each of the above gift contracts constitutes fraudulent
In addition, C was anticipated to assume the liability for damages to A Savings Bank due to its own tort, but C was also recognized as the intention to commit a gift contract with the defendant.
Therefore, the Plaintiff seeks payment of KRW 425,580,000, which was remitted to the Defendant due to the cancellation of each gift contract and its restoration, by making the damage claim against C as the preserved claim.
2. The facts that Determination C served as a director of A savings bank from October 18, 2002 to November 30, 2004, and that C remitted money equivalent to KRW 425,580,000 in total to the Defendant who is the former spouse during the period from May 11, 2009 to December 27, 2010 do not conflict between the parties, or that it may be recognized by comprehensively taking into account each of the statements in subparagraphs 2 through 5 (including the serial number; hereinafter the same shall apply).
However, the statement of Gap evidence No. 1 alone is insufficient to recognize that Eul actively participated in the illegal loan of D, which was the representative director of the A Savings Bank, and that caused damage equivalent to KRW 21,170,000,000 to A Savings Bank.