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(영문) 부산지방법원 2015.05.15 2014가단233578
부인의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 17, 2011, A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”) was designated as an insolvent financial institution and subject to a disposition of business suspension on the Financial Services Commission. On August 16, 2012, Busan District Court Decision 201Hamhap4, which was declared bankrupt on August 16, 2012, the bankruptcy procedure is underway, and the Plaintiff was appointed as a trustee in bankruptcy of A Savings Bank in the bankruptcy procedure

B. The Financial Supervisory Service determined that the ratio of equity capital to risk assets (BISD ratio) to the A Savings Bank is only 1.02% as of March 2010, and 3.05% in the case of C Mutual Savings Bank, and it is only 3.05% in the case of C Mutual Savings Bank, and that it is necessary to take measures for business normalization. On July 15, 2010, the Financial Supervisory Service concluded with AC Mutual Savings Bank and dispatched its supervisor to conduct regular

On the other hand, the Financial Services Commission, on January 14, 201, issued a business suspension measure against the SamHy Savings Bank, and thereafter, inspected the situation of daily deposit withdrawals of savings banks across the country including five savings banks (ADECF). In particular, due to the serious liquidity problems of CB Savings Bank, if CB Savings Bank becomes insolvent, other bank banks may not avoid business suspensions. In the end, the Financial Services Commission determined that five savings banks of CBF Group cannot avoid business suspensions.

Therefore, the “Saving Bank Restructuring Countermeasures (TF)” established by the Financial Services Commission was determined to suspend its business en bloc or in succession at a certain point in the future on January 25, 201, and thereafter, to check the liquidity of five savings banks in the Group of ASaving Bank. On February 15, 2011, the financial statements were published in the second half of the year 2010 of ASaving Bank, the financial structure of which was aggravated on February 15, 201, and the C Mutual Savings Bank’s liquidity is determined not to be more than two to three days in the future. As such, on February 15, 2011, the major shareholders and auditors of A Savings Bank A in the p.m. on February 15, 2011.

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