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(영문) 서울중앙지방법원 2015.05.19 2014나60230
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”) was declared bankrupt on July 1, 2013, and at the time the Plaintiff was appointed as a trustee in bankruptcy.

C served as the representative director of A savings bank from August 30, 2007 to June 27, 2012.

C’s crime of occupational breach of trust in Seoul Central District Court Decision 2012Da766, July 19, 2013: “Defendant C had a duty to sufficiently examine the ability to repay debts and collateral values in handling credit as the representative director of the A savings bank, and to prevent any damage to the A savings bank, in collusion with D, the actual operator of the A savings bank, although it has a duty to do so, the A savings bank, (1) loans KRW 12.85 billion to the Gyeongan and the Gyeongan Leisure Industry, Inc. in breach of its occupational duty on April 1, 2008, and (2) loans KRW 4.5 billion to T&C Co., Ltd. on June 10, 2008; (3) was not guilty of the above suspended sentence of KRW 790,900,500,000,000,0000,000,000 won for 25.2.5 billion,000,000 won.”

C remitted money to the Defendant to the Defendant, the spouse, to the Defendant’s account: (a) KRW 15 million on August 4, 201; (b) KRW 5 million on August 5, 201; (c) KRW 10 million on August 30, 201; and (d) KRW 50 million on February 1, 201, including KRW 20 million.

(hereinafter referred to as “(i) or (iv) transfer”. 【No dispute exists, A’s evidence Nos. 1, 3, 1, and 1, the purport of the entire pleadings, and the plaintiff’s assertion as to this.

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