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(영문) 서울중앙지방법원 2017.03.30 2016가단5212848
사해행위취소
Text

1.(a)

The gift contract concluded between Defendant D and Nonparty F on February 17, 2015 with respect to KRW 51,00,000 shall be revoked.

(b).

Reasons

1. The facts below the basic facts may be acknowledged by integrating each entry in Gap evidence Nos. 1 to 5 as a whole the purport of the entire pleadings.

A Co., Ltd. (hereinafter referred to as “A”) is a financial institution under the Mutual Savings Bank Act, was declared bankrupt on October 21, 2014, and the Plaintiff was appointed as a bankruptcy trustee.

B. From July 22, 2005 to June 20, 2008, Nonparty F worked as a registration director of A and took charge of all the duties. Defendant B is the above F’s spouse. Defendant C is the above F’s child, Defendant D and E are the above F’s wife.

C. The Plaintiff filed a lawsuit seeking compensation for damages with the Seoul Central District Court 2015Gahap57560, asserting that F incurred losses by dealing with the loan in violation of the above provision, such as neglecting to investigate the credit of the borrower when lending the loans to the mutual credit savings bank, standard loan regulations, etc. when dealing with the loan as a director of F, and failing to take appropriate credit preservation measures.

In the above case, F was sentenced to a judgment in favor of the Plaintiff to the effect that the Plaintiff is liable for damages equivalent to KRW 7.9776.8 million to the Plaintiff on the ground that F performed the loan to 10 companies, such as sub-industrial development, in violation of the duty of due diligence or good faith to take measures to preserve claims, such as examining the borrower's ability to repay debts and the feasibility of the business, securing adequate human and material security to repay debts, etc.

F deposited KRW 40,000,000, and KRW 30,000,000 from the national bank account on October 29, 2012, and transferred KRW 70,000,000 to the national bank account of Defendant B, the spouse, and the F deposited KRW 18,00,000 in the national bank account of Defendant C, the spouse, and the F deposited KRW 18,00,000 on October 30, 2012.

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