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(영문) 서울고등법원 2019.05.31 2018나2014937
사해행위취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A Co., Ltd. (hereinafter “A”) is a corporation established under the Mutual Savings and Finance Act for the purpose of credit installment savings business, receipt of deposits and installment savings, loan business, etc., and was declared bankrupt on October 29, 2013 by Seoul Central District Court 2013Hahap161.

The plaintiff was appointed as a trustee in bankruptcy in the above bankruptcy procedure.

The defendant worked as a director A from June 23, 2006 to September 11, 2008.

The defendant and the network D's monetary trading network D are the defendant's mother, which died on November 12, 2013.

On April 5, 2012, the Defendant transferred KRW 100,000,00 from his bank account to the network D bank account.

As the deceased D died on November 12, 2013, the remaining inheritors (F, G, and H) other than the Defendant among the inheritors of the deceased submitted a declaration of renunciation of inheritance to the Seoul Family Court on February 7, 2014, which was accepted on April 29, 2014 (Seoul Family Court 2014 Ma1209), and the Defendant submitted a declaration of qualified acceptance to the Seoul Family Court on February 11, 2014, which was accepted on July 7, 2014.

On May 6, 2013 to August 14, 2013, the Seoul Family Court 2014-Ma1329. The Korea Deposit Insurance Corporation (Seoul Family Court) conducted an investigation into the liability of insolvency against A, who violated the Mutual Savings Banks Act and AE bank standard loan regulations, and against the relevant persons.

As a result of the above study, the loan details, damages, related directors, etc. deemed by the Korea Deposit Insurance Corporation to constitute an improper loan, etc. are as listed below:

(The following is the name of each borrower named as “stock company” and the respective loans listed in Nos. 1 through 15 are indicated as “loan” by indicating the name of each borrower, and No. 16 as “netly 16 accounts.” Of which the part relating to the Defendant is seven cases, e.g., 6,8,9, 10, 12, 13 loans and 16 accounts settlement.

(units: the object of lending the amount of damages to the borrower as of the date of carrying out the loan; and

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