beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 6, 2012, Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) (hereinafter “ Solomon Savings Bank”) was suspended from its business due to poor management, etc., and on April 30, 2013, the Plaintiff was appointed as bankruptcy trustee.
B. B served as a non-registered director of the Solomon Savings Bank between September 1, 2009 and August 6, 2012, and the Defendant is the spouse B.
C. The Plaintiff filed a lawsuit for damages (e.g., damages) with the Seoul Central District Court 2013Gahap535221 by asserting that he/she had suffered KRW 1.9777 million from the Solomon Savings Bank by unfairly processing the loan duties as a director while being employed as a director, and that he/she was liable for damages to B. The said court ordered the Plaintiff to pay KRW 200 million to the Plaintiff within the scope of the limitation of liability, while limiting the liability to 20%, while limiting that liability to B.
(See Supreme Court Decision 4, 5, 169 see, e.g., Supreme Court Decision 2017Na2010549). D.
B wired money as stated in the purport of the claim to the Defendant’s KBB Bank Account (C, hereinafter “instant account”).
(hereinafter “each of the instant remittances”). 【No dispute exists over the grounds for recognition, Gap’s statements in Gap’s evidence 1 through 8, Eul’s evidence 1 (including additional numbers, if any; hereinafter the same shall apply), and the purport of the whole pleadings.
2. Determination:
A. The gist of the Plaintiff’s assertion B donated cash to the Defendant, who was the wife, by means of remitting each of the instant transfers, with an intent to avoid liability for damages as above.
This constitutes a fraudulent act detrimental to the general creditors, such as Solomon Savings Bank, and thus, the gift contract of each of the instant remittances should be revoked, and the Defendant is obliged to pay the amount stated in the purport of the claim to the Plaintiff by restitution following such revocation.
B. As to the money remitted by the debtor to another person’s deposit account.