logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.09 2014가합571293
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As between October 1, 2010 and March 28, 2011, C was declared bankrupt by the Seoul Central District Court on September 7, 201, and between March 201 and March 28, 201, A served as a full-time audit committee member in A (hereinafter referred to as “A”); A loaned KRW 560,00,000 to D on December 31, 201 (hereinafter referred to as “instant loan”); A was decided by the Financial Services Commission as insolvent financial institutions on September 18, 201, and was ordered to improve its management and order to suspend its business; and A was declared bankrupt by the Seoul Central District Court on September 7, 2012; the fact that the Plaintiff was appointed as a trustee in bankruptcy on the same day does not conflict between the parties; or may be recognized by the overall purport of each entry and pleading.

2. The plaintiff's assertion

A. The instant loan is merely lent only to use the name of the loan for the purpose of settling overdue interests on each of the loans owed by H and I Co., Ltd. which is substantially controlled by DF at the request of G’s staff members of the E Savings Bank, and although D’s representative director, vice-president and directors failed to perform their duties such as credit investigation duties and credit preservation measures, although D’s ability to repay debts and the value of D’s collateral is inappropriate for the instant loan, C’s execution of the instant loan without neglecting its duties. Since C, as a full-time audit committee member at the time of the instant loan, was aware of, or could have known, the said loan was executed without any point or confirmation due to neglecting its audit duties, it is liable to compensate the Plaintiff for damages incurred to the Plaintiff for the amount of KRW 478,00,00 obtained by deducting the effective collateral value from the outstanding loan due to losses incurred by A pursuant to Articles 415-2(7) and 414(1).

B. However, while C bears the above liability for damages, C totaled KRW 225,250,000 between March 21, 201 and February 7, 2012 to the Defendant, one of its wife.

arrow