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1. A monetary donation contract of KRW 250,000,000, concluded on May 3, 2013 between B and the Defendant, and a contract concluded on June 7, 2013.
Reasons
Basic Facts
Daejeon Mutual Savings Bank Co., Ltd. (hereinafter referred to as the " Daejeon Mutual Savings Bank") was declared bankrupt on February 2, 2012 by Daejeon District Court 2012Ha1, with the aim of mutual credit fraternity business, credit installment savings business, receipt of deposits and installment savings, loan business, etc., and was appointed as the trustee in bankruptcy.
C is an internal director, who is the representative of B Co., Ltd. (hereinafter referred to as “B”) on June 22, 2012, and the defendant was appointed as an auditor and entered in the corporate register, and the defendant is C’s wife.
Daejeon Mutual Savings Bank extended loans to B from March 26, 2007 to May 27, 2009, and filed an application for payment order against B with the Daejeon District Court 2014 tea434 as the result of the failure of B to repay the loan. On January 27, 2014, the above court issued a payment order stating that “B would pay to Daejeon Mutual Savings Bank KRW 7,223,123,269 and delay damages therefor,” and the above decision became final and conclusive around that time.
B From the national bank account (D) in the name of B, the withdrawal amounting to KRW 481,090,000 on May 3, 2013 and KRW 17,660,00 on June 7, 2013 respectively.
On the other hand, B was in the insolvent at the time of the above withdrawal.
【In the absence of dispute, the Defendant’s donation of the said money to the Defendant by issuing a cashier’s check on May 3, 2013 or by paying cash with the withdrawn money from May 3, 2013, the Plaintiff’s assertion that the Plaintiff’s assertion of the overall purport of the pleadings was KRW 481,090,000,000, and the withdrawn money was issued on June 7, 2013 constitutes a fraudulent act as a gift made in excess of a debt. Since the Defendant’s bad faith is presumed to have been presumed, the Plaintiff’s donation of the said money to the Defendant is presumed as a gift made in excess of a debt, and thus, the Plaintiff’s claim for a loan against B is revoked each donation contract that was the cause of the act of issuing a cashier’s check, cash, and cash, and cashier’s check, and sought the refund
Judgment
A preserved bond;