logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.21 2014가단5294556
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a trustee in bankruptcy appointed by the Plaintiff Co., Ltd. (hereinafter “A”) upon being declared bankrupt on September 7, 2012; C is a director A from August 10, 2006 to August 10, 2007; and unregistered director from August 11, 2007 to August 7, 2010; and the Defendant is the wife of C.

B. B. Between October 16, 2009 and December 19, 2011, C transferred total of KRW 76,550,000 from its bank account to the Defendant’s bank account, as shown in the separate sheet, from October 16, 2009 to December 19, 201.

(hereinafter “each remittance of this case”)

The Plaintiff filed a lawsuit claiming damages against C, etc. by the Seoul Central District Court 2013Kahap510888, which was partly winning on August 13, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 7, the purport of whole pleadings

2. Since C, as a director of the Plaintiff’s assertion, has suffered damages equivalent to KRW 43.565 billion in total amount of unpaid bonds, C is liable to compensate for the said damages by approving loans exceeding the credit limit, neglecting the debtor’s duty to investigate the financial soundness, or unfairly approving other loans.

C As above, in excess of the obligation to pay a large amount of damages to A, C donated each of the instant transfers to the Defendant, one’s wife, and the act of remitting each of the instant transfers constitutes a fraudulent act detrimental to the obligee, including the Plaintiff, and thus revoked, and the Defendant is obligated to return to the Plaintiff a total of KRW 75,550,000 (the Plaintiff excluded KRW 1,00,000 from the purport of the claim) and damages for delay as stated in the separate sheet No. 12, August 18, 2015.

3. Determination

A. The obligor of the relevant legal doctrine is another person.

arrow