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(영문) 서울중앙지방법원 2017.01.18 2014가합526811
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The status of the parties 1) A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”)

(2) A Savings Bank was ordered to suspend its business by the Financial Services Commission on December 28, 2012, and was declared bankrupt on July 1, 2013 by Seoul Central District Court 201Hahap89, and the Plaintiff was appointed as a trustee in bankruptcy of A Savings Bank on the same day.

3) From June 3, 2008 to June 3, 201, C retired from office as a full-time audit committee member of A Savings Bank. From June 3, 2008 to June 3, 201, the Defendant was denied. (b) On May 8, 2014, the Plaintiff filed a lawsuit claiming damages against the officers of A Savings Bank, including C, on the ground that the executives of A Savings Bank were negligent in performing their duties in connection with some loans.

2) On October 7, 2016, the above court held that “C as a member of the audit committee of the ASaving Bank, on December 28, 2009, approved a loan to D Co., Ltd. solely without neglecting credit investigation and failing to take adequate credit protection measures while making a loan to the officers of the ASaving Bank, which was held liable under Articles 414(1), 415, and 382(2) of the Commercial Act.” The court held that “C shall be liable under Articles 414(1), 415, and 382(2) of the Commercial Act,” and held that “C shall pay to the Plaintiff KRW 1.5 billion and its delay damages (hereinafter “instant judgment”).

(3) On October 27, 2016, C appealed against the instant preceding judgment, and the appellate court is continuing as Seoul High Court 2016Na2078142 as of the date of closing argument of the instant case.

C. The Plaintiff’s remittance, etc. to the Defendant 1 C is attached from November 15, 2012 to December 5, 2012

1. A new bank in C’s name, such as entry in the remittance statement;

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