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(영문) 전주지방법원 2014.02.07 2011가합7573
부인권행사
Text

1. The Plaintiff:

A. Defendant G: (a) the amount of KRW 3,000,000 for Defendant G; (b) the amount of KRW 7,000,000 for Defendant H; and (c) the amount of KRW 7,000 for each of them from January 16, 2014.

Reasons

1. Basic facts

A. (1) On December 31, 2009, the bankrupt corporation A (hereinafter “Bankruptcy Bank”) was notified by the Financial Services Commission of the determination of insolvent financial institutions and the order for improvement of management, and was subject to business suspension from December 31, 2009 to June 30, 2010.

On August 17, 2010, the Jeonju District Court declared the bankruptcy against the bankruptcy bank as 2010Hahap1, and appointed the plaintiff as the bankruptcy trustee of the bankruptcy bank.

(2) Defendant B’s wife, Defendant C, and D, who died on July 21, 201, were all the heirs of K.

(3) Defendant G, H, F, and J are all bond holders operating a lending company.

B. The Bankruptcy Bank’s capital increase (1) on November 16, 2009, the board of directors made a resolution to allocate 6 million common shares to L with a registered common share of 9 million won, respectively. On November 30, 2009, the board of directors as of November 16, 2009 resolved to revoke the contents assigned to the board of directors as of November 16, 2009, and to allocate 4.420,000 common shares to K, E, Defendant F, and N each one million shares to non-party O and 4.20,000 common shares, respectively.

(2) On December 2, 2009, the Bankruptcy Bank was registered as a shareholder holding each one million shares of K, E, Defendant F, and N in the shareholder registry of the Bankruptcy Bank on the same day.

C. As to the 10 billion won of shares issued on December 2, 2009 among the shares issued on December 2, 2009, P, a representative director of the relevant criminal case, borrowed 10 billion won from Defendant H for the purpose of using the 10 billion won of the shares issued on December 2, 2009, offered as security the cover bill equivalent to the 10 billion won of the face value purchased by the bankruptcy bank, thereby having Defendant H gain pecuniary profits equivalent to the 10 billion won of the face value purchased by the bankruptcy bank, and had Defendant H obtain pecuniary losses equivalent to the 10 billion won of the same amount at the bankruptcy bank. Of the shares issued on December 2, 2009, the amount of 10 billion won of Defendant F and N’s name is exceeded.

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