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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 7, 2012, the Plaintiff was appointed as a trustee in bankruptcy by a stock company A (hereinafter “A”) upon being declared bankrupt.
C has served as a representative director from August 12, 2003 to January 6, 2010, and the defendant is the wife of C.
B. During the period from November 30, 2005 to May 20, 209, when the representative director is in office, C made a final decision in executing A’s loans of total amount of KRW 27 billion to D, E, F, Vietnam Golf Club Co., Ltd., Ansan Development Co., Ltd., and G, etc. (hereinafter “each of the loans of this case”).
Of each of the loans of this case, the current outstanding amounts are KRW 19.41 billion in total (hereinafter “instant outstanding bonds”).
C. C and the Defendant completed the registration of ownership transfer on November 2, 2009, each of 1/2 shares of H apartment 7 Dong 1306, Gangnam-gu, Seoul (hereinafter “instant apartment”) due to the sale on September 4, 2009 (the sale price of KRW 1.55 million).
C From October 21, 2009 to July 4, 2011, during the period from October 21, 2009 to July 4, 201, transferred a total of KRW 1,50,000,000,000 (hereinafter “the amount of remittance of this case”) over 17 times in total, as described in 1,3, to the Defendant’s bank account in the remittance list.
[Ground of recognition] Facts without dispute, Gap 1 through 4, 6, 8, 12 through 14, 18, 20, 39, 78, and 79, the purport of all pleadings
2. C, the representative director of the Plaintiff’s assertion A, neglected to review the obligor’s ability to repay and secure collateral, thereby obtaining approval for each of the instant loans, thereby causing damage to A in an amount equivalent to KRW 19.41 billion to the unpaid claims. As such, A bears the liability for damages equivalent to the same amount.
C donated the 1/2 share of the instant apartment and each remittance of the instant apartment to the Defendant, who is one’s wife, in excess of the obligation, such as bearing a large amount of liability for damages as above.
Therefore, it is true.