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(영문) 서울중앙지방법원 2015.03.26 2013가합538671
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

1. Basic facts

A. The relationship between the parties 1) A (hereinafter “A”)

(2) On September 7, 2012, the Plaintiff was declared bankrupt by the Seoul Central District Court 2012Hahap96, and the Plaintiff was appointed as a trustee in bankruptcy in the above bankruptcy proceeding. (2) The Plaintiff is the largest shareholder of A and the president, who actually controlled A, and was in charge of A’s business through A’s representative director, managing director, executive director, etc., and was in charge of A’s business, and Defendant B is children, and Defendant C is the spouse of Defendant E, and Defendant D is the spouse of Defendant B.

B. On September 9, 2011, E deposited 4,709,141,117 won upon the termination of the securities account and the flow of the termination amount, E deposited 4,709,117 won at the EPIB center on September 9, 201. 2) E repaid 1.1 billion won out of the total amount of KRW 4,709,141,117 above 4,709,141,117 (in face amount, 11 billion won cashier’s checks, Ga-H, hereinafter “instant 1.1 billion won”).

C. E- 1) On September 19, 201, E’s deposit withdrawal and withdrawal flow 1) A was subject to a disposition of business suspension issued by the Financial Services Commission on September 18, 201 due to the issue of aggravation of financial status and non-performing loans, etc., and E was detained by an investigation agency around that time, and E was subject to investigation. 2) E is the same.

Of the 4,709,141,117 won as stated in the subsection, 3.4 billion won was deposited into the account of his company bank (J). On September 19, 201, the following day of the business suspension: (a) withdrawn KRW 4 billion from the said company bank account (J).

(3) Of the amount of the withdrawal from September 19, 201, E paid KRW 2 billion to its own bank loans worth KRW 2 billion.4) E paid to its continental owner of a law firm (hereinafter referred to as “alternative owner”) the amount of KRW 900 million out of the amount of the withdrawal from September 19, 2011 to February 23, 2012.

5 continentalia on March 26, 2012, 100 million won and E’s wife account in the foreign exchange bank account in Defendant C’s name.

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