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서울중앙지방법원 2015.05.06 2014가단5222445
부인의 소

1. The plaintiff's claim is dismissed.

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


1. Basic facts

A. On May 3, 2013, A Savings Bank (hereinafter “A Savings Bank”) was imposed by the Financial Services Commission on May 17, 2013 (hereinafter “instant disposition”). From the said time, C’s representative director of A Savings Bank was suspended from performing his/her duties and was appointed as a manager to act on behalf of the Financial Services Commission.

B. On May 2, 2013, prior to the instant disposition, the Defendant entered into a delegation agreement with A Savings Bank, which seeks revocation of such disposition and suspension of execution, where an insolvent financial institution’s decision and management improvement order is issued to A Savings Bank (hereinafter “instant delegation agreement”), and received KRW 66 million (including value added tax; hereinafter “instant retainer agreement”) in total on two occasions on May 3, 2013 from the Plaintiff on two occasions, for a sum of KRW 33 million.

C. After the issuance of the instant disposition, D on May 3, 2013, appointed as a custodian of A Savings Bank, notified the Defendant of his intention to revoke the instant order on the ground that the instant first delegation agreement was concluded without an administrative act subject to delegation. D.

Afterward, the court appointed E as a special agent to act for A Savings Bank with respect to the cancellation of the instant disposition and the suspension of execution against the Financial Services Commission on June 14, 2013, which is the largest shareholder of A Savings Bank (Seoul Administrative Court 2013da10100). On behalf of the Defendant on the 11st day of the same month, the special agent had already concluded a contract to cancel the instant disposition and to delegate a suspension of execution on behalf of the Defendant on behalf of A Savings Bank (hereinafter “the instant second delegation contract”), and the said special agent had already been appointed.