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(영문) 서울고등법원 2017.08.25 2015나2050185
사해행위취소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Facts of recognition;

(a) the relationship between the Parties 1); A Co., Ltd. (hereinafter referred to as “A”);

(2) A is a juristic person established under the Mutual Savings and Finance Company Act for the purpose of credit fraternity business, credit installment savings business, receipt of deposits and installment savings, loan business, etc. A was decided on December 28, 2012 by the Financial Services Commission. On May 28, 2013, a petition for bankruptcy was received by the Seoul Central District Court 2013Hahap88, and was declared bankrupt on July 1, 2013. The Plaintiff was appointed as A’s bankruptcy trustee in the bankruptcy proceeding. (2) The Plaintiff was appointed as A’s representative director from February 7, 2004 to September 10, 207, and retired from A on September 10, 207.

3) Defendant C is the E’s spouse. (b) The Plaintiff’s non-performing loans 1) from January 21, 2013 to April 26, 2013, the Plaintiff conducted an investigation into whether the Plaintiff violated the Mutual Savings Banks Act and the standard loan regulations for mutual savings banks, and whether the Plaintiff’s non-performing loans 200 to April 26, 2013.

2) As a result of the foregoing investigation, the Plaintiff neglected credit investigation and failed to take a claim preservation measure, and thus, extended each of the following loans (hereinafter referred to as “each of the instant loans”), and “the instant loans 1 through 5” as the sequences of individual loans.

A caused damage to A by doing so.

On June 30, 2006, the amount of damages of the loan execution amount of the borrower as of June 30, 2006, KRW 5 billion, KRW 3.7 billion, KRW 3.7 billion on October 27, 2006, KRW 3.729 billion on April 21, 2006, KRW 320,000,000 KRW 3.4 billion on April 21, 2006, KRW 4.6 billion on development of new industry, KRW 4.6 billion on January 27, 2006, KRW 8.43 billion on January 27, 2006, KRW 5.4 billion on January 31, 2007, KRW 7.4 billion on January 31, 2007, KRW 6.4.7 billion on January 31, 2007.

C. On February 20, 2014, the Plaintiff filed a lawsuit against E, etc. seeking compensation for damages incurred due to each of the instant loans, etc. as Seoul Central District Court 2014Gahap509861, supra.

3.2

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