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(영문) 서울중앙지방법원 2018.10.10 2016가합536690

대여금

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. A. On September 26, 2012, ES Savings Bank was declared bankrupt on September 26, 2012, the Plaintiff was appointed as a trustee in bankruptcy of ES Savings Bank on the same day, and ES Savings Bank prior to bankruptcy is a savings bank established under the Mutual Savings Banks Act.

B. In relation to C, the Plaintiff holds a claim amounting to approximately KRW 41.5 billion with a loan claim (i.e., KRW 18.6 billion with a joint and several several several several several several several several debt claims for a loan obligation of a primary debtor DD company + KRW 8.7 billion with a joint and several several several several several several several several debt claims for a loan obligation of a primary debtor E company + KRW 250 million with a joint and several several several several several several several debt claims for a loan obligation of a primary debtor G company + KRW 1.4 billion with a tort damage claim (Seoul Central District Court Decision 2012Ga537251).

C. Meanwhile, C was prosecuted on November 14, 201 as the actual operator of the said D Co., Ltd. on the grounds of criminal facts, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation in Trust), and was sentenced to a sentence of eight years of imprisonment with labor for the Seoul Central District Court (Seoul District Court 201 High Court 201 High Court 1437, 147, 2012 High Court 73, 93, 343, 1553 (merger), Seoul High Court 2013No1650, and the final appeal was dismissed on April 24, 2014, and the above sentence became final and conclusive.

(hereinafter referred to as "relevant criminal case"). [Grounds for recognition] The fact that there is no dispute, each entry in Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. 1) The primary claim against Defendant A is KRW 447,500,000 in total against Defendant A (=20,000,000 on February 18, 2010)

2. The same year as won, 100,000 won; and

3. November 15, 100,000 won for the same year.

3. 22.140,000,000 won for the same year.

3. The same year as KRW 1,500,000.

8. 5.10,000,000 won for the same year.

8. 6,00,000 won for November 30, 11 of the same year: 5,000,000 won for January 13, 2011; 3.45,000,000 won for the same year.