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1.The judgment of the first instance shall be modified as follows:
[Attachment C] KRW 3,00,000, which was concluded on April 14, 2011 between the Defendant and C.
Reasons
1. Basic facts
A. On February 19, 201, the Financial Services Commission notified each of the measures such as the decision on the insolvent financial institution and the suspension of business thereof to the A Savings Bank (the NA Savings Bank (the NAF was the NAF) on March 4, 2002, the D Savings Bank (the NAF), September 18, 2009, the A Mutual Savings Bank, and the A Savings Bank on October 15, 2010; the hereinafter “A Savings Bank”) and the measures for the decision on the insolvent financial institution and the order for the improvement of its management on April 29, 2011.
After February 23, 2012, A Savings Bank was declared bankrupt by the Jeonju District Court 2012Hahap2, and the Plaintiff was appointed as a trustee in bankruptcy from the above court on the same day.
B. From January 1, 2005 to December 15, 2008, C served as a director, representative director, and vice-chairperson of A Savings Bank. During his tenure of office, C performed an unfair loan, thereby causing damage to A Savings Bank.
C. Between June 22, 2009 and May 18, 2011, C withdrawn or transferred the money corresponding to each corresponding column of “donation” in the attached list from the bank in the name of C or the former agricultural bank account in the name of C as indicated in each corresponding column in the attached list, and deposited the money into the account in the name of the Defendant or E, the spouse as indicated in each corresponding column in the attached list.
C was in excess of debt at the time of withdrawing or transferring each of the instant money to the account under the name of the Defendant or E.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 10, the purport of the whole pleadings
2. Determination on this safety defense
A. The defendant's assertion 1 C recognizes that it is more liable for damages against A Savings Bank than the plaintiff's claim. However, as A Savings Bank has deteriorated its management due to bad loans, the shareholder and management's liability, including C, is also borne by Busan Mutual Savings Bank around October 2008.