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(영문) 서울중앙지방법원 2015.03.27 2014가합596056

손해배상(기)

Text

1.(a)

Plaintiff

Defendant A to the bankruptcy trustee of the Korea Savings Bank Corporation of the bankrupt Korea, the Korea Deposit Insurance Corporation of the bankrupt Korea Savings Bank.

Reasons

1. Indication of claim;

A. On June 30, 2005, the bankrupt’s credit transaction agreement on loans of KRW 8 billion was concluded by the Korea Savings Bank Co., Ltd. (hereinafter “Seosung C&C”). However, on May 26, 2014, the bankruptcy trustee’s payment order on loans of KRW 19.4 billion (Seoul Central District Court 2014Guj23182) was finalized. ② On June 30, 2005, the bankrupt bank established a credit transaction agreement on KRW 1.3 billion from the Korea Savings Bank on loans of KRW 1.3 billion, which became final and conclusive on September 19, 2014, because it was impossible to repay the principal and interest of KRW 3.1 billion from the Korea Savings Bank on September 28, 2008.

(Seoul Central District Court 2013Gahap532178). In addition, on March 27, 2008, Magman Cenc entered into a collateral guarantee agreement with the Seoul Mutual Savings Bank (Seoul District Court 2013Gahap532178) on the part of the Seoul Central District Court 2010 million won for loan claims 880 million won against the Seoul Mutual Savings Bank Co., Ltd. (Seoul District Court 2008, however, on May 29, 2014, the bankruptcy trustee failed to pay the principal and interest of KRW 1.9 billion as of May 29, 2014, which became final and conclusive on July 25, 2014.

(Seoul Central District Court 2014dan5161793).(b)

The damage claim 1) The Magalian Co., Ltd.’s damage claim against the Defendants of the Magalian C on July 1, 2005 (hereinafter “the non-foreign clan”).

A sales contract was concluded between Defendant A and the representative of Defendant A with the content that he would purchase KRW 26,777 square meters of land D and 10,000,000,000,000. However, the fact that Defendant A had not passed a resolution on the disposal of the said real estate at the general meeting of the non-party clans, but the relevant document was forged as if there was such resolution.