(영문) 서울중앙지방법원 2015.06.17 2014가합566031

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(영문) 서울중앙지방법원 2015.06.17 2014가합566031

사해행위취소

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 25, 2008, the Defendant’s husband (her husband) joined the Future Savings Bank (hereinafter “Smi Savings Bank”) and worked as the head of the branch office of the Future Savings Bank C from around October 201 to around October 201, and the head of the branch office of the Future Savings Bank D from around October 2011 to May 201, respectively, and took overall charge of the management, operation, and credit-raising of the said branch office and branch office’s employees.

B. Around August 2009, B received a request from the president F of the school juristic person E and the director G to issue a written consent of pledge to the future savings bank account in the name of H Group (a juristic person established for a profit-making business of school juristic person E) in which KRW 800 million is deposited further to deposit KRW 200 million in the future savings bank account in the name of the H Group (a juristic person established for a profit-making business of school juristic person E) so that the said deposit amount of KRW 1 billion can be set up.

At the time of H Group’s deposit claim amounting to KRW 800 million, a pledge was established in the name of the future savings bank. However, if the future savings bank accepts the establishment of the said pledge right without reservation of any objection, it cannot be set up against the said deposit claim of KRW 200 million in the future, and if the future savings bank opens a false deposit account and accepts the establishment of the pledge right of the said deposit claim without reservation of any objection against the said deposit claim, it would not be possible to set up the pledge right of KRW 1 billion in the B, the pledgee, due to the absence of the deposit claim. However, around August 31, 2009, B fabricated the computerized system as if the deposit account was made in the name of H Group’s deposit account in which KRW 800 million was deposited, and then consented to the establishment of the pledge right of KRW 1 billion in the aggregate securities with the copy of the said deposit deposit account attached.

“The Group” is a H Group by issuing a written consent of pledge in the name of the head of the branch office of the Future Savings Bank.

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