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(영문) 서울고등법원 2015.01.23 2014나2017563

부당이득금

Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the pleadings as a whole in the entries in Gap evidence 1-1-6, evidence 1-2-3, evidence 2-4, evidence 3-1 through 4, evidence 4-2, 3, evidence 5, evidence 6-1 through 7, evidence 7-1, and evidence 7-2.

The Defendants are E, D’s C, and C (hereinafter “C”) are companies with D’s representative director as well as E’s auditor, and N Co., Ltd. (hereinafter “N”) was a company with D’s trade name changed as above on December 10, 204. The Defendants were D’ representative director, E and Defendant B’s auditor, and Defendant A was a director.

B. On June 4, 1996, the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) made a revolving transaction agreement with C on the purchase (D/A, Docuon P day management, acceptance under the contract) of export bills of exchange with C on June 4, 1996, setting the limit of credit to 500,00 U.S. dollars for the term of the transaction as of June 4, 1997, and made several loans, including loans of US$ 88,952.17 US dollars, and D/E guaranteed all debts owed at present and in the future by Korea Exchange Bank on March 30, 1992.

C. On December 22, 200, a limited liability company specialized in normal securitization obtained the above bonds and all rights related thereto from the Korea Exchange Bank and filed a lawsuit against C, D, and E with the Seoul District Court 2002Gahap712 on April 23, 2002, "C, D, and E jointly and severally pay the amount of KRW 7,49,605,672 to a limited liability company specialized in normal securitization, and the amount of money calculated at the rate of 18% per annum from December 23, 2000 to January 31, 202, and 25% per annum from the next day to the date of full payment." The above judgment became final and conclusive at that time.

On April 1, 2006, a limited liability company specialized in normal asset-backed securitization shall manage the premium assets.