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(영문) 서울중앙지방법원 2015.12.17 2014가단5215164
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 28, 2012, a bankruptcy debtor, A Bank (hereinafter “A Bank”) was a corporation established under the Mutual Saving and Finance Act for the purposes of credit fraternity business, credit installment savings business, receipt of deposits and installment savings, loan business, etc., and was declared bankrupt by the Financial Services Commission on July 1, 2013.

The Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy in the above bankruptcy proceedings.

B. D, the father of the Defendants, served as a director of A Bank from August 25, 2004 to February 6, 2007.

C. On February 21, 201, D remitted KRW 20,000,00 to the account under Defendant B’s name, KRW 20,000,000 to the account under Defendant B’s name on December 4, 2012, and KRW 20,00,000 to the account under Defendant C’s name (hereinafter “instant remittance”).

From January 21, 2013 to April 26, 2013, the Korea Deposit Insurance Corporation has investigated whether a bank violated the Mutual Savings Banks Act and the standard loan regulations for mutual savings banks, and conducted an investigation into the insolvency liability with respect to the related persons.

E. The Plaintiff filed a lawsuit for damages with the Defendant against D and A Bank Chairperson, representative director, director, and auditor as the court 2014Gahap509861.

- Executive officers, such as the president, representative director, director, and auditor of A Bank, have a duty of care to take reasonable and reasonable measures, such as obtaining sufficient security to ensure the recovery of loan claims when dealing with loan business, as prescribed by the relevant regulations, such as standard regulations of the Bank, etc.

Nevertheless, the executive officers are negligent in investigating the credit of the borrower and the joint guarantor when the loan is made and the borrower's ability to repay his/her debt is uncertain, but they are not taking other measures for preserving the loan or real estate which falls short of security value.

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