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(영문) 광주고등법원(전주) 2015.01.29 2014나2100
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The relationship between the parties 1) A Bank Co., Ltd. (hereinafter “A Bank”)

(2) On December 31, 2009, as a juristic person established with the purpose of credit installment savings business, loan, etc. as its business purpose, the Financial Services Commission was decided to suspend its business on December 31, 2009, and was declared bankrupt on August 17, 2010 by the Jeonju District Court 201Hahap1, and the Plaintiff was appointed as a trustee in bankruptcy of a bank on the same day. (2) The Plaintiff was appointed as a trustee in bankruptcy of a bank from September 2, 2002 to September 21, 2004. The Defendant was married with C but divorced on June 28, 2004.

B. The Plaintiff’s damage claim 1) from March 2, 2010 to September 17, 2010, the Plaintiff investigated A bank’s liability for bad debts. The Plaintiff also investigated C in writing about the occurrence of bad debts, the circumstances leading up to the occurrence of bad debts, and the role of the person in charge. Accordingly, C actively performed a loan to create profits even under the unfavorable management conditions of A bank, which is a financial right, on November 11, 2010. However, as a result of the investigation, C’s officers and employees, including C, conducted a loan without complying with the loan-related regulations, or made it insufficient for A bank’s employees, including C, to take measures to preserve claims, and recognized their responsibility (C’s liability 1,869,000,000) on the ground that it took place beyond the limit of credit extension for each borrower.

3. On August 24, 2011, the Plaintiff filed a lawsuit seeking compensation for damages against the major shareholders, executives, and employees of a bank based on the investigation results of defective liability as seen above by the Seoul Central District Court 201Gahap8318.

On April 11, 2014, the court below suffered losses to A Bank by treating A Bank's loans unfairly in violation of relevant provisions, and executing A Bank's loans in excess of the limit of credit extension to individual borrowers.

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