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(영문) 서울중앙지방법원 2016.02.18 2014가단5119310
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 6, 2012, A Co., Ltd. (hereinafter “A”) was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap46, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

B. E served as A’s audit committee member from September 20, 2006 to September 9, 2009. Defendant D is the wife of E, and Defendant B and C are the children of Defendant E.

C. The Plaintiff filed a lawsuit seeking compensation for damages with Seoul Central District Court Decision 2013Ga53521, 200,000 won, on the ground that, while serving as A’s audit committee members, the Plaintiff paid 8 persons, including E, PF loans to 5 persons, including SPF loans to 6 persons, such as SBD, and PF loans to 8 persons, including SBD, and the construction of Sulmon Capital, as a audit committee member, he/she could have known that the Plaintiff was illegal and unjust as a member of the audit committee, although he/she could have known that he/she did not prepare a record and present his/her audit opinion, by neglecting his/her duties, thereby causing the payment of illegal, unjust and loan and loan recruitment fees to A, thereby causing damage equivalent to KRW 5.2.7 billion.

Meanwhile, E remitted total of KRW 35,00,000 on April 26, 2010 to the account under Defendant B’s name, including KRW 5,000,000 on October 7, 2010, and KRW 30,000,000 on October 7, 2010. On April 19, 2010, E remitted total of KRW 20,000,000 on the same day, including KRW 10,000,000 on the same day, to the account under Defendant D’s name; and remitted total of KRW 6,00,000 on July 21, 200; KRW 7,000 on July 30, 2010; and KRW 130,000 on the same day.

(hereinafter “each of the instant transfers”) / [Grounds for recognition] without dispute, entry in Gap evidence 1 through 5, and the purport of the whole pleadings

2. The Plaintiff’s assertion A’s audit committee member E loans or loans of this case.

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