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(영문) 서울중앙지방법원 2018.01.11 2016가합575473
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A (the trade name on July 22, 2005 changed from “F” to “G”, and changed from November 26, 2012 to “A”, hereinafter “A”) of the parties to the relevant bankrupt, was a financial institution established under the Mutual Savings Banks Act, and on October 21, 2014, the Plaintiff was appointed as a bankruptcy trustee upon being declared bankrupt by Busan District Court 2014Hau102.

E is a representative director of A from July 22, 2005 to July 7, 2008, and Defendant B is a spouse of E, and Defendant C and Defendant D are children of E.

The plaintiff in a lawsuit seeking investigation into bad loans and compensation for damages against A shall commence from May 26, 2014 to the same year.

9. Until April 1, 200, to A, the following facts were examined: (a) whether there was any false or unfair loan in violation of the Mutual Savings Banks Act and the standard loan regulations for mutual savings banks; (b) whether the relevant persons are liable for the insolvency; and (c) whether

As a result of the above investigation, the Plaintiff: (a) deemed that E was responsible for a project financing loan (PF loan) to 13 companies, including the development of sub-industrial development, as a representative director of A from February 24, 2006 to December 28, 2007; and (b) filed a lawsuit against E seeking compensation for damages arising from tort as the Seoul Central District Court 2015Gahap57560.

The court of the first instance held on February 7, 2017 that E is liable for damages equivalent to KRW 11,965,200,000 in total to the Plaintiff because it violated the duty of due diligence and good faith to take measures to preserve claims, such as examining the borrower's ability to repay obligations and business feasibility in accordance with the standard regulations of mutual savings banks related to PF loans, securing adequate human and physical collateral to repay obligations, etc.

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