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(영문) 서울고등법원 2015.01.19 2013나2017184
사해행위취소
Text

1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.

Defendant C.

Reasons

Basic Facts

C From January 7, 2010 to January 6, 2010, a mutual savings bank (hereinafter “A mutual savings bank”) worked as the head of the management support division, and took charge of the preparation and disclosure of financial statements. From January 7, 2010 to August 30, 2010, it took overall control of the operations of the savings bank, such as credit and receipt management, fund management, and execution, while working as the representative director and the head of the management support division.

From October 5 to 22, 2010 to October 22, 2010, the Financial Supervisory Service intended to take disciplinary measures against A mutual savings banks, on the grounds that the results of the sector inspection conducted with respect to A mutual savings banks, C violated the relevant laws and regulations, such as handling more than the credit limit limit for individual borrowers, overcoming net income based on the unfair asset soundness classification, and overappropriating net income based on the illegal asset soundness classification, and submitted its opinion thereon until January 24, 201. "Advance notice of the proposed measures (Evidence A No. 18)" was sent on January 17, 2011.

On March 14, 2011, the Financial Supervisory Service accused the Prosecutor General on the charge that A Mutual Savings Bank and C and G, the former representative director, violated the limit of credit extension to an individual borrower under the Mutual Savings Bank Act, and that the handling of C in excess of the limit of credit extension to an individual borrower under the Mutual Savings Bank Act is illegal, while it is known that C is in excess of the limit of credit extension to an individual borrower, and that there is a charge of leading up to the exceeding 2.6 million won (29.8% of its equity capital).

(A) On May 1, 201, the Defendant entered into a pre-sale agreement with C on the real estate listed in the separate sheet (hereinafter “instant apartment”) and entered into a sales agreement with C on May 1, 201, with a fixed amount of KRW 530 million, whichever is the down payment of KRW 20 million. The first intermediate payment of KRW 38 million is paid at the time of the contract, and the second intermediate payment of KRW 38 million is paid on May 2, 201, and the second intermediate payment of KRW 200 million and the remainder of KRW 2 million are paid on June 15, 201, collectively.

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