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(영문) 서울중앙지방법원 2017.12.12 2014가합520400
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) Status A of the Parties 1) A Co., Ltd. (hereinafter referred to as “A”);

(2) A is a juristic person established under the Mutual Savings and Finance Company Act for the purpose of credit fraternity business, credit installment savings business, receipt of deposits and installment savings, loan business, etc. A is a juristic person established under the Mutual Savings and Finance Company Act. On December 28, 2012, the Financial Services Commission rendered a decision to suspend business operations of the Financial Services Commission on December 28, 2012. On May 28, 2013, Seoul Central District Court 201Hahap8, which was filed for bankruptcy, and was declared bankrupt on July 1, 2013. The Plaintiff was appointed as A’s trustee in bankruptcy in the bankruptcy proceeding. (2) The Plaintiff was appointed as the representative director from February 7, 2004 to September 10, 207, and retired from A on September 10, 2007.

3) As examined below, the Defendant shall provide the real estate listed in the attached Form C (hereinafter “instant apartment”).

B. As to the instant apartment, C, the owner of the instant apartment, which was the subject of the establishment of the right to collateral security, concluded a mortgage agreement with the Defendant on February 1, 2013 regarding the instant apartment with the maximum debt amount of KRW 260 million. As to the instant apartment, the Seoul Central District Court received on February 1, 2013, and completed the establishment registration of collateral security in the name of the Defendant under the name of the Seoul Central District Court No. 25131, Feb. 1, 2013 regarding the instant apartment (hereinafter referred to as the “instant collateral security agreement”).

(C) From January 21, 2013 to April 26, 2013, the Plaintiff conducted an investigation into whether the Plaintiff violated the Mutual Savings Banks Act and the standard loan regulations for mutual savings banks, and whether the Plaintiff violated the said regulations and conducted an investigation into the fault liability for the relevant persons.

2) As a result of the foregoing investigation, the Plaintiff neglected credit investigation and failed to take a claim preservation measure, and thus, extended loans with each of the following contents (hereinafter “each of the instant loans”) as an insolvent and unfair loan (hereinafter “each of the instant loans”), and “the instant loans 1 through 5” in the sequence of individual loans.

A shall be deemed to have inflicted damage on A by doing so.

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