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(영문) 전주지방법원 2014.10.30 2012가단40716
사해행위취소
Text

1. C revokes the gift made to the Defendant in accordance with the attached list of KRW 67,389,899.

2. The defendant.

Reasons

1. Basic facts

A. From September 22, 2004 to September 25, 2006, C, who was an audit committee member of a stock company A (hereinafter “A”), did not discover or take appropriate measures to prevent unlawful and unjust acts as follows, thereby incurring damage to A.

1. In dealing with this part of loans, D, E,F, G, H, etc. neglected to investigate the financial and credit standing of the borrower, business feasibility, performance results, repayment plan, etc., and did not examine the possibility of the collection of the loan. In light of the borrower's credit standing, the debtor who is unable to handle credit loans has obtained any security or obtained any security less than the value of the loan and handled credit loans. In the event the loan ability is uncertain and the loan ability is not sufficiently secured, it has been taken measures for the preservation of the loan such as providing additional joint and several sureties. However, it neglected the credit investigation to the extent that it is possible to grasp only the personal information and the financial institution's transaction status without comprehensive examination of the financial and income status.

2. In dealing with this part of loans, such as excess of the credit limit for individual borrowers, D, E, G, I, etc., loans in excess of the credit limit for individual borrowers under Article 12 of the Mutual Savings Banks Act, the borrower neglected to conduct credit investigations into the borrower, acquired a security for the borrower whose debt repayment capacity is uncertain, or acquired a security for the value of the security. A joint guarantor neglected to conduct credit investigations to the extent that he/she knows only the personal information and the financial institution transaction status without comprehensive review of the status of the assets and income.

3. Granting loans to large shareholders, etc.;

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