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(영문) 서울중앙지방법원 2016.02.04 2014가단5139987
사해행위취소
Text

1. The plaintiff's primary claim shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3. The costs of lawsuit are assessed against the plaintiff.

Reasons

1. Basic facts

A. A Savings Bank (hereinafter “A Savings Bank”) was declared bankrupt by the Seoul Central District Court on September 7, 2012, and the Plaintiff was appointed as a trustee in bankruptcy of A Savings Bank on the same day.

B. From August 26, 2004 to May 1, 2007, Nonparty C was a director of the D Savings Bank (hereinafter “D Savings Bank”), a representative director of D Savings Bank from May 2, 2007 to September 17, 201, and the Defendant was Nonparty C’s spouse and divorced with C around 2013.

C. The Korea Deposit Insurance Corporation, from October 17, 201 to February 17, 2012, conducted an investigation into defective liability for D Savings Bank and A Savings Bank. D.

Based on the above fraudulent liability investigation, the Plaintiff filed a lawsuit claiming damages against Nonparty C at the Seoul Central District Court 2013Gahap507387.

On July 3, 2015, the above court rendered a judgment that the non-party C violated his/her duty as the representative director of the Korea Savings Bank, a major shareholder of the Korea Savings Bank, and ordered or approved an unfair loan of KRW 420 million on June 29, 2009 to the Korea Savings Bank Co., Ltd., Ltd., Ltd. (formerly named corporation, middle-class corporation), thereby causing damage to the Korea Savings Bank. Therefore, the court ordered the non-party C to pay KRW 200 million as compensation for damages.

E. On May 17, 2010, Nonparty C remitted KRW 50 million from its own Industrial Bank of Korea account to the Defendant’s Korean Bank account, as indicated in the attached Form.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 3, 4 evidence, Eul 1 and 3 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s claim 1 is that the Plaintiff has the damage claim arising from an unfair loan granted to the Nonparty C on June 29, 2009 to the Gule Co., Ltd.

Such damage claim is established at the time of granting a loan on June 2009, in light of the results of the previous inspection of the D Savings Bank that Nonparty C had been the representative director, etc., or the snow C is the defendant.

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