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(영문) 서울중앙지방법원 2016.12.23 2016가합5042

양수금

Text

1. Within the scope of the property inherited from the network E, to the Plaintiff:

(a) Defendant A shall be KRW 517,457,074 and this shall apply.

Reasons

Basic Facts

The relevant FFF Credit Union (hereinafter referred to as the "FFF Union") of the parties was declared bankrupt by the Daegu District Court on April 25, 2000, and was appointed by the Korea Deposit Insurance Corporation as the trustee in bankruptcy (hereinafter referred to as the "trustee in bankruptcy"), and the network E was a person who served as the president of the FFF New Consultation from January 23, 1978, and died on October 21, 2006.

Defendant A is the wife of the network E, and Defendant B, C, and D are children of the network E.

The trustee in bankruptcy filed a claim for damages against the network E on the ground that, even though G, an employee of the FFFFF, opened a stock transaction account under the FFF New Consultation and engaged in repeated stock transaction and embezzlement, the network E, the president, was unable to prevent this from gross negligence, thereby causing damage to the FFF.

On April 13, 2006, the Daegu High Court sentenced the bankruptcy trustee to the effect that "E shall pay 1,678,500,000 won with 5% interest per annum from January 1, 2000 to April 13, 2006, and 20% interest per annum from April 14, 2006 to the date of complete payment." The above judgment became final and conclusive around that time.

(hereinafter “instant final and conclusive judgment”). On February 28, 2007, on the part of the transferor trustee of damage claim, the trustee in bankruptcy transferred the remaining principal of the damage claim against the Plaintiff (a mutual name before the alteration: the Liquidation Financial Corporation) and the claim for late payment damages, among the damage claim against the Plaintiff under the final and conclusive judgment of this case, KRW 1,552,371,225, and notified the Defendants of this on March 15, 2007, and reached the Defendants around that time.

Defendant B, C, and D reported the qualified acceptance of the Defendants on January 15, 2007 by the Daegu District Court Decision 2006Ra283, which reported the qualified acceptance of the inheritance of the deceased E’s property, and the said report was accepted on January 15, 2007. The Defendant A reported the same act as the court 2016Ra247, and the said report was accepted on July 7, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings.