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(영문) 서울중앙지방법원 2016.05.13 2014가단5128819
사해행위취소
Text

1.(a)

The contract of gift of KRW 50 million concluded on May 17, 2010 between the defendant and C shall be revoked.

B. The defendant

Reasons

1. Basic facts

A. From May 2, 2007 to September 17, 201, C ordered and approved a loan in violation of the provisions regarding restrictions on credit extension to large shareholders, etc. under Articles 12 and 37 of the Mutual Savings Banks Act while in office as the representative director of A (hereinafter “A”) from May 2, 2007 to September 17, 201. On the other hand, in violation of Articles 3 and 8 of the Mutual Savings Bank Standard Loan Regulations, C neglected to investigate the specific credit standing of the borrower, such as financial and credit conditions and repayment plan, with respect to whom the debt repayment ability was uncertain at the time of performing the loan transaction in violation of the provisions. In light of the borrower’s credit standing, C dealt with the loan by acquiring or using a security that cannot deal with the loan, or by taking measures for preserving the loan, if the debt repayment ability is uncertain and the debt repayment ability is not sufficiently secured, it should have taken further measures for preserving the loan by placing the actual joint and several sureties, or by neglecting the credit investigation.

B. A was declared bankrupt by the Seoul Central District Court on September 7, 2012, and the Plaintiff was appointed as a trustee in bankruptcy on September 7, 2012.

C. The Plaintiff filed against C as Seoul Central District Court 2013Gahap51504, supra.

On July 16, 2015, by filing a lawsuit seeking partial compensation of damages incurred by A due to an improper loan described in the paragraph, the judgment was rendered on July 16, 2015 that “C shall pay to the Plaintiff a total of KRW 2.85 billion and its delay damages.”

Some of the liability for damages cited in the above judgment are as follows, and limited to 30% of the amount of damages incurred by C’s liability, but the limited amount of damages was fully admitted in the following cited parts in excess of the amount of claims claimed by the Plaintiff.

D, which had been directors of C and A, is the actual debtor from February 20, 208 to November 25, 2008, using the name of E.

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