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(영문) 서울고등법원 2016.08.18 2015나2072994
사해행위취소
Text

1. The judgment of the first instance against the defendant, including the claims extended and modified in the trial room, shall be modified as follows.

Reasons

1. Basic facts

A. The status of the parties 1) A Co., Ltd. prior to bankruptcy (hereinafter “A”).

A is a company that has obtained authorization pursuant to the Mutual Savings Banks Act and has engaged in the mutual savings bank business, and E is a non-registered director from August 25, 2004 to February 6, 2007, and a person who has served as a registration director from February 7, 2007 to September 9, 2008 and has served as a non-registered director again. 2) A is subject to a decision of business suspension by the Financial Services Commission on December 28, 2012, and was declared bankrupt by the Seoul Central District Court 2013Hahap88 on July 1, 2013, and the Plaintiff was appointed as a trustee in bankruptcy in the bankruptcy proceeding.

B. From January 21, 2013 to April 26, 2013, the Plaintiff filed a lawsuit seeking payment of part of the damages equivalent to the amount of unpaid loans, which A suffered due to the Plaintiff’s breach of duty of occupational care as Seoul Central District Court 2014Gahap509861, and the Seoul Central District Court sentenced E on August 27, 2015, as follows: (a) as to whether the Plaintiff violated the Mutual Savings Banks Act and the regulations on standard loans to mutual savings banks; and (b) as to whether the relevant persons were responsible for fraudulent loans; and (c) on April 20, 2014, the Plaintiff filed a lawsuit seeking payment of part of the amount of damages equivalent to the amount of unpaid loans that A suffered; (b) on August 27, 2015, the Seoul Central District Court sentenced E to recognition of liability as described in the following table:

(hereinafter “relevant civil judgment”) currently is pending in the appellate court.

(Seoul High Court Decision 2015Na205395). The amount of damages recognized as compensation for delay ( principal) in the sequence No. 118,840,00,000 won on April 1, 2008 against the Industrial Co., Ltd. 20% on June 30, 2009 2,368,000 won on non-performing or non-performing loans No. 811,00,000 won on April 1, 2008, which the Plaintiff claimed partially from the 201,000,000 won on non-performing or non-performing loans No. 6,00,000,000 won on June 30, 2009; 11,200,000,000 won on June 20, 200,000 won on non-performing loans No. 4160,000,000 won on June 30, 20010

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