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(영문) 서울중앙지방법원 2016.04.22 2015가합513188

손해배상 등 청구의 소

Text

1. The Plaintiff, Defendant B, and Defendant D, E, and H jointly with Defendant B, respectively, KRW 700,000,000, and KRW 100,000 out of the above KRW 700,000.

Reasons

Basic Facts

Co., Ltd. I (hereinafter referred to as “I”) and J Co., Ltd. (hereinafter referred to as “J”) are companies running mutual savings bank business, and the J is 10% subsidiaries of I’s 100%.

Defendant B is the managing director in charge of the business of Defendant I and the wife, who is the representative director of the Plaintiff.

On December 1, 2010, the Plaintiff entered into a loan agreement with J on December 1, 201, which contains 12 billion won of the loaned principal, 12% of the interest rate per annum on December 1, 201, 201, 25% of the delay delay rate for at least three months (hereinafter “instant loan agreement”). The Plaintiff entered into the loan agreement with J (hereinafter “instant loan”).

On December 1, 2010, the Plaintiff entered into a mortgage agreement with J as to each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) in order to secure the instant loans, and on the same day, the Seoul Northern District Court received the registration office of Dongdaemun-gu District Court from the creditor J, the debtor, the Plaintiff, and the maximum debt amount of 15.6 billion won.

On the same day, J, including the execution of the loan, deposited 12 billion won in the Plaintiff’s loan account (L) established in J pursuant to the loan agreement in this case, and transferred 12 billion won from the above account to the Plaintiff’s ordinary deposit account (M), and temporarily generated from the Plaintiff’s ordinary deposit account to the Plaintiff’s ordinary deposit account (N) to indicate that the deposit has been converted from the Plaintiff’s ordinary deposit account to the fixed deposit account (O) is in fact the same as the fixed deposit account (O). In fact, after forming the Plaintiff’s ordinary deposit account, it transferred 12 billion won from the above ordinary deposit account to the fixed deposit account (O) and then transferred 12 billion won from the fixed deposit account in this case to the above ordinary deposit account.

After that, 12 billion won transferred from the above ordinary deposit account to the above common deposit account P, Q, R.