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(영문) 서울중앙지방법원 2015.05.21 2014가합527685
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. From August 19, 2008 to January 13, 2011, Nonparty C served as a director of Nonparty A Co., Ltd. (hereinafter “A”) and took charge of all the duties including credit duties.

B. Article 12, etc. of the Mutual Savings Banks Act approves a loan in violation of the provisions prohibiting the extension of credit limits to an individual borrower under Article 12 of the Mutual Savings Banks Act. On the other hand, in violation of Articles 3 and 8 of the Mutual Savings Banks’ Standard Loan Regulations, C neglected to investigate the financial credit status and repayment plan for the borrower whose debt repayment ability was uncertain at the time of loan handling, acquired the loan without obtaining any security or without any security value, acquired the loan by acquiring any security, the actual joint and several sureties did not deposit the actual joint and several sureties, or neglected the credit investigation, thereby giving rise only to the ordinary joint and several sureties. Accordingly, A became liable for damage claim against C (the Plaintiff claimed against C only part of the amount of damage suffered by A due to the said illegal act, which was handed down by the Seoul Central District Court Decision 2011Ga139643, 100,000 won for damages).

C. From January 18, 201 to December 26, 2012, C transferred a total of KRW 482,00,000,00 by account transfer to the bank, national bank, and our investment securities account under the name of the Defendant who was his/her spouse as of December 26, 201.

A was declared bankrupt on June 24, 201 by Seoul Central District Court 201Hau72, and the plaintiff was appointed as trustee in bankruptcy on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. As to the cause of the claim, the Plaintiff, even though C bears the liability for damages against A, shall, with knowledge that C intended to be exempted from the performance of the liability, forward to the Defendant 482,00,000 won by account transfer, by transferring the account transfer to the Defendant, thereby contributing to KRW 482,00,000.

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