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(영문) 서울중앙지방법원 2016.11.24 2016가합21440

양수금

Text

1. The Defendant shall pay to the Plaintiff KRW 1,286,414,641 and KRW 401,325,793 among them, from April 21, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 1, 2003, the credit union at Ansan-si (hereinafter “Yandong City/Gu credit union”) was declared bankrupt by the Daegu District Court, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy.

On June 2, 2006, the Korea Deposit Insurance Corporation filed a lawsuit against the Defendant and 17 others for damages compensation against the Daegu District Court, as the Daegu District Court Branch 2003Gahap995. On June 2, 2006, the above court held that, despite the Defendant’s duty of care to properly evaluate the value of the collateral in accordance with credit regulations, etc. and to secure the possibility of collecting the loan by providing the loan as a collateral, the Defendant’s non-indicted 4 and the non-indicted 5,984,207, and the non-indicted 1 and the non-indicted 58,335,793, and the Defendant’s non-indicted 454,780,00 and the non-indicted 2 and the non-indicted 1 were jointly and severally liable to pay the loan amount at the rate of 20% from November 23, 2003 to June 25, 2006.

B. On June 15, 2009, the Korea Deposit Insurance Corporation transferred the damage claim against the Defendant recognized in the instant judgment to the Plaintiff (Seoul Bank Co., Ltd.) and notified the Defendant of the transfer around July 21, 2009.

C. As of April 20, 2016, the balance of the principal and interest of the above damage claim against the Defendant as of April 20, 2016 is KRW 1,286,414,641 (i.e., the balance of the principal and interest of KRW 401,325,793, and KRW 885,08,848).

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination

(a)the cause of the claim;