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(영문) 서울중앙지방법원 2015.08.11 2014가단5114636
사해행위취소
Text

1. The gift contract concluded on June 22, 2012 between the defendant and the non-party C regarding each real estate listed in the separate sheet.

Reasons

1. The Plaintiff asserted that the Plaintiff donated the instant real estate to the Defendant, the wife, on June 22, 2012, under the condition that C, who was the former representative director of A Bank, Inc., Ltd. (hereinafter “A Bank”), was liable for damages due to unfair loans, etc., and the said donation constitutes a fraudulent act, and thus, the Plaintiff seeks compensation for the value along with the revocation thereof.

2. The following facts are acknowledged in full view of each description of evidence Nos. 2, 4, 7, and 8 of the establishment of the secured claim A, as well as the purport of the entire pleadings.

C was convicted of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Misappropriation of Trust) and violation of the Mutual Savings Banks Act while serving as the former representative director of the A bank, and the judgment became final and conclusive.

(2) On the other hand, around June 2013, the Plaintiff filed a lawsuit claiming compensation for damages (2013Gahap527770) against C, etc. in this court.

On December 19, 2014, the Court considered the damage of A bank caused by the illegal loan of C as KRW 4.34 billion, and determined the C's liability for damages as KRW 30%, and accepted the claim of the Plaintiff related to this part of the claim amounting to KRW 510 million and damages for delay after the date of each loan (the recognized first loan was August 16, 2004).

The case is under trial in Seoul High Court(Seoul High Court 2015Na2010354).

According to the above facts, C is judged to bear liability for damages to A Bank from August 16, 2004, which is the first date of the loan, since it caused damage equivalent to the principal of the loan to A Bank by allowing A Bank to make an unfair loan, etc. as the former representative director of A Bank.

Therefore, the Plaintiff may regard the above damage claim against A Bank C as the preserved claim for revocation of the fraudulent act in this case.

3. If a debtor donated his/her own property to another person under excess of his/her obligation, such act constitutes a fraudulent act unless there are special circumstances to the contrary.

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