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Reasons
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(영문) 서울동부지방법원 2015.09.15 2013가합105715
사해행위취소
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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The following facts may be acknowledged, either in dispute between the parties, or in full view of the statements in Gap evidence Nos. 1 to 11 (including the number of branches), Eul evidence Nos. 1 to 4, 7, and 9, the testimony in Eul, and the testimony in this court, the Korean National Bank, the Co., Ltd., Ltd., and the Korean Standards Dold Bank, and the whole purport of the arguments.

On August 14, 2007, more Bable Savings Bank (former Mutual Savings Bank: hereinafter referred to as the “Wable Savings Bank”) loaned KRW 5,000,000 to Handon L&C Co., Ltd., and D Co., Ltd (former trade name: F Co., Ltd.; hereinafter referred to as “D”) jointly and severally guaranteed the above loan obligations of Handon C&C Co., Ltd within the limit of KRW 6,00,000,000.

B. D on June 12, 2009, transferred KRW 2,000,000,000 to one bank account (Account Number: H; hereinafter “instant account”) in the name of the Defendant A newly opened on the same day in the bank account (Account Number): G.

C. After that, part of the above KRW 2,000,000 was remitted from the instant account to the account under the name of another person as follows.

1) On June 23, 2009, KRW 100,000 was remitted to the national bank account (Account Number: I) in Defendant C’s name. 2) On June 24, 2009, KRW 285,000,000 was remitted to the bank account (Account Number: K) in the name of J (hereinafter “J”). On the same day, KRW 360,000,000 was remitted to the bank account in the name of J (hereinafter “J”) and was returned again to the said bank account in the name of J.

As above, KRW 645,00,000 transferred to J was used for the payment of the acquisition price of the shares by Defendant A, who had been employed as the auditor of J in the process of capital increase by J.

3) On June 24, 2009, KRW 355,000,00 was transferred to the national bank account under Defendant B’s name (Account Number: N) via one bank account under Defendant B’s name.

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