양수금
1. The Plaintiff:
A. Defendant A: 700,000,000;
B. Defendant B, Defendant C, and Defendant D inherit from Nonparty E.
1. The final and conclusive judgment on the right to claim damages against Defendant A and Non-Party deceased E was in office as a standing auditor of the Non-Party F Mutual Savings and Finance Company (hereinafter “FF Treasury”) from August 20, 199 to March 31, 2001, while E was in office as a director of the FF Treasury from February 7, 2001 to July 5, 2001.
The FF Treasury passed a resolution on the return of the investment most entitled to the voluntary retirement in order to avoid the capital reduction procedure prescribed by the Commercial Act, and received the application for the voluntary retirement from all the employees, and then paid 3,651,502,40 won to all the 82 employees as the honorary retirement allowances.
The FF Treasury was declared bankrupt by the Daejeon District Court on December 14, 2011, and the FF Treasury's bankruptcy trustee filed a claim for damages against Defendant A and E in the same court on March 4, 2003.
On May 19, 2004, the above court sentenced on May 19, 2004 that "E has reduced capital as a director of the FF Treasury in violation of the provisions of the Commercial Act, and Defendant A, as an auditor, failed to convene a temporary general meeting of shareholders and sustained damages from each FF Treasury by neglecting to perform his duties. Thus, Defendant A and E jointly paid 70 million won and interest calculated at the rate of 20% per annum from May 7, 2003 to the date of full payment." The judgment became final and conclusive as it is.
On December 23, 2011, the Korea Deposit Insurance Corporation acquired the Plaintiff’s right to claim damages, notified Defendant A of the transfer on December 28, 201, and notified Defendant A of the transfer of the claim established by the said judgment (hereinafter “transfer of claim”).
As the death of E and the inheritance and qualified acceptance of the defendant B, C, and D died on October 5, 201, the defendant B (the surviving spouse's share 3/7) and the defendant C and D (the inheritance shares 2/7) inherited the rights and obligations of E.