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(영문) 서울중앙지방법원 2016.12.14 2014가합539053
사해행위취소
Text

1. Each donation contract between the Defendant and C on KRW 30,00,000,000,444,000,000, which was concluded on February 27, 2012; and each donation contract on KRW 44,00,00 between the Defendant and C; and November 15, 2012.

Reasons

1. Basic facts

A. The status of the parties 1) A, a mutual savings bank established for the purpose of the business, such as credit installment savings business, loan business, etc., was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap54, and the Plaintiff was not classified before and after the declaration of bankruptcy and “A” on the same day.

(2) C is a person who served as a director of A from March 11, 2005 to September 30, 2010, and the defendant is the wife of C.

B. C’s breach of trust and damages judgment 1) A purchased the site of the training institute on June 13, 2008, and paid 13 billion won to the stock company to be able to exercise the right to reimbursement on four occasions until February 27, 2009. However, it was not recovered until now or transferred the ownership of the site of the training institute. C who worked as a director of A neglected to take necessary reasonable measures after examining the necessity for the establishment of the training institute, the appropriateness of the purchase price, the relationship of the land subject to sale and purchase, etc. but neglected to take necessary measures, and approved the above sales contract and the contract for the change of the parties to the contract. (2) The Plaintiff filed a lawsuit against C, etc. seeking compensation for damages arising from the above breach of trust. C jointly with D, E, and F, paid 1,015,000 won to the Plaintiff, and 20% interest per annum from June 26, 2008 to February 27, 2014 to 20% interest per annum.

(Seoul Central District Court 2013 Gohap564618). (c)

Con November 5, 2012, 200,000, 120,000 on February 7, 2012, 2012, on the remittance date of C’s remittance Nos. 50,000,000 on the remittance date with respect to the Defendant (won) paid KRW 323,50,000 on the aggregate on the following six occasions to the Defendant on February 7, 2012: (a) 44,000,000 on February 7, 2012; (b) 50,000,000 on February 7, 2012, 205 on November 15, 2012; (c) 323,50,50,000,000 C paid to the Defendant a total of six times as indicated below:

(hereinafter referred to as "each remittance of this case" and individual remittances are referred to as "each remittance of this case".

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