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(영문) 서울중앙지방법원 2017.02.09 2014가합531974
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 1 of the Parties A Co., Ltd. (hereinafter “A”).

A) On April 6, 1972, the title was changed to “Mutual Savings Banks Act” by Act No. 6429, Mar. 28, 2001. A is a financial institution established based on the foregoing. A is determined as an insolvent financial institution as prescribed by the former Act on the Structural Improvement of the Financial Industry (Amended by Act No. 11630, Mar. 2, 2013) on October 31, 2012; its business was suspended from November 6, 2012 to May 5, 2013; the Seoul Central District Court Decision 2013Hau46, Apr. 30, 2013; on the same day, the Plaintiff was appointed as a trustee in bankruptcy; from February 18, 2008 to August 31, 2010 to May 31, 2011, the Defendant is the Plaintiff’s spouse and the Plaintiff’s executive director from the Plaintiff’s spouse’s office as a director.

B. From March 203, 2003 to August 27, 2009, D, while serving as the president of A group and as the representative director of A group, D had overall control over the overall business of H-affiliated savings banks and finally play a role in making decisions on the implementation of major credit, fund management, and enforcement of H-affiliated savings banks. On May 6, 2012, E was suspended from performing its duties as the representative director of the Savings Bank. In other words, E was in office as the representative director of A from July 19, 2006 to August 27, 2009, and was in general in charge of overall business of receiving and managing the credit, fund management, and execution. From August 28, 2009 to August 31, 2010 to assist the president of A group in managing the overall business of the Group. The F-affiliated Corporation (hereinafter “F-F Company”).

D ultimately, D owns 97.5% of the shares of Company I, which owns 100% of F's equity interest, by realizing its operating profit.

A and affiliated savings banks are not required to pay the F with a view to devolving their interest. The A and affiliated savings banks are planned to pay the F with a loan recruitment fee.

Accordingly, E shall be G. around August 2008.

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