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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On July 1, 2013, the Seoul Central District Court declared bankrupt (No. 2013Hahap88) in the course of operating mutual savings bank business, such as credit installment savings business, receipt of deposits and installment savings, etc.
B. From June 14, 2005 to June 27, 2012, the Defendant’s husband C was in office as a director or representative director of A Savings Bank, and was in charge of the overall business of A Savings Bank, and committed unlawful acts such as extension of credit to major shareholders, etc. during the period of service, extension of credit to individual borrowers, and unfair loan handling, etc., thereby causing damage equivalent to KRW 00 billion to A Savings Bank. The Plaintiff is proceeding against C in order to realize this.
Seoul Central District Court 2014Kahap509861 case)
C. As referred to in the foregoing paragraph (b), C, which results in excess of the obligation to compensate for damages in the amount of million won to A Savings Bank, donated KRW 50,000,000 to the Defendant, who is the wife, from August 4, 2011 to February 1, 2012, thereby making a fraudulent act more lacking creditors’ joint security, including A Savings Bank, and the intention of C and the Defendant is presumed.
Therefore, the attached list contract between C and the defendant should be revoked by fraudulent act, and the defendant is obligated to pay the plaintiff the money as stated in the claim.
2. Although it is unclear whether the Plaintiff’s damage claim against C arising at any specific time, even if based on the Plaintiff’s assertion prior to the determination of legality, it is evident that the preserved claim against the instant fraudulent act revocation lawsuit against the Plaintiff, or A Savings Bank C is the right to claim damages.
Meanwhile, a claim that can be protected by the creditor's right of revocation is, in principle, done before the act that can be viewed as a fraudulent act is conducted.