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(영문) 서울고등법원 2018.11.08 2018나2022679

양수금

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) The Bankrupt E-Credit Union (hereinafter “E-Union”)

The bankruptcy trustee of the Korea Deposit Insurance Corporation filed a lawsuit against the defendant, D, C, and B by the Daejeon District Court 2006Gahap10549, and on June 7, 2007, the following main text of the judgment (hereinafter “previous judgment”) is rendered by the above court. The claim against the defendant against the defendant of the Korea Deposit Insurance Corporation under the previous judgment is "claim against this case".

was received.

1.The Bankrupt E-consultation Deposit Insurance Corporation;

(a)(1) Defendant and C jointly KRW 175,900,000; and (2) Defendant and B jointly KRW 60,760,000;

B. (1) The Defendant, C, together with the Defendant, jointly KRW 189,430,00; KRW 326,418,00 for the Defendant and B; KRW 326,418,00 for the Defendant and B; and KRW 60,876,00 for the above KRW 326,418,00 for the Defendant and B;

(c)(1)D and C jointly KRW 12,009,00, and KRW 93,607,00 in co-ownership by the Defendant and B;

(d) the Defendant and B jointly KRW 118,019,156;

(e) the Defendant, C, and B jointly KRW 29,000,000;

(f) (1) D, the Defendant, and C jointly KRW 40,220,00, and (2) the Defendant and C jointly, KRW 26,928,00;

G. Defendant and C jointly pay the amount of KRW 1,231,040 and each of the above amounts from November 4, 2006 to the Defendant, D from November 17, 2006 to November 17, 2006; C and B from November 3, 2006 to each of the above amounts, with 20% interest per annum from November 3, 2006 to each of the complete payments.

2) The contents of the previous judgment are as follows: (a) the Defendant has a duty to compensate for damages to E Union due to the Defendant’s work as the president or auditor of E New Consultation and caused damage to E Union by intention or gross negligence in the course of performing his duties, and (b) the loan handling and embezzlement by the fraudulent use of name (the part of paragraph (a) of the previous judgment) C obtained loans from E Union by means of forging documents by stealing the customer’s name from June 1, 1994 to April 15, 1998; and (b) B used them voluntarily by means of forging documents by stealing the loan from E Union; and (c) from April 24, 1998 to August 26, 2000. < Amended by Act No. 6310, Apr. 26, 1998>