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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A (hereinafter “A”) was declared bankrupt on September 7, 2012, and the Plaintiff was appointed as a bankruptcy trustee.
B. C was employed as a full-time audit committee member from August 17, 2004 to August 10, 2006, and the Defendant is the wife of C.
C. From the account in C’s name to the account in the name of the Defendant, KRW 10 million was transferred on August 9, 201, and KRW 60 million on September 19, 201, respectively.
The Plaintiff filed a lawsuit claiming damages against C, etc. by Seoul Central District Court 2013Gahap510888, and was rendered a favorable judgment on August 13, 2015.
[Ground of recognition] Facts without dispute, Gap evidence No. 99, Eul evidence No. 4, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The gist of the Plaintiff’s assertion A suffered damages due to defective loans, such as loans by exercising major shareholders’ influence and handling of project financing unfair practices, etc. In this regard, C, which is a full-time audit committee member, was liable to compensate A for KRW 16.45 billion pursuant to Article 415-2 of the Commercial Act.
However, C donated the Defendant, who is one’s wife, to whom he/she was liable, KRW 10 million on August 9, 201, and KRW 60 million on September 19, 201, to the Defendant, in excess of his/her obligation, and this constitutes a fraudulent act detrimental to the general obligee, including the Plaintiff.
Therefore, the above contract of donation between the Defendant and C as of August 9, 201 and the contract of donation as of September 19, 201 (hereinafter “each of the instant contract of donation”) should be revoked. The Defendant, as a restoration to its original state, is obliged to pay the Plaintiff KRW 160,000,000 and damages for delay.
B. With respect to the Defendant’s assertion-based remittance of KRW 100 million on August 9, 201, the Defendant received KRW 100 million for the improvement of loan conditions, and again transferred KRW 100 million to C’s account on April 16, 2012, and returned the said amount.
With respect to the transfer of KRW 60 million on September 19, 201, the Defendant received KRW 60 million from the lessee to return the deposit for lease to the lessee, and again received the deposit for lease from the new lessee.