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(영문) 수원지방법원 2015.06.11 2014가합63219
손해배상(기)
Text

1. The Plaintiff:

A. Defendant C: (a) KRW 4,737,326,495; and (b) Nos. 1, 2, 10, and 64 listed in the separate embezzlement list among them.

Reasons

1. Basic facts

A. On March 4, 1999, A Company A’s bankruptcy and appointment of bankruptcy trustee (1) Company A(hereinafter “A”) was declared bankrupt on March 4, 199, and the Plaintiff was appointed as a bankruptcy trustee of A on January 22, 2014.

(2) Defendant D, along with F, was appointed as a joint bankruptcy trustee of A on March 4, 199. On May 31, 1999, the F resigned from the trustee in bankruptcy and resigned from the office on February 8, 2007. On the same day, Defendant E was appointed as a trustee in bankruptcy and then resigned from the office on January 22, 2014.

(3) From July 2, 1996, Defendant C served as the legal team leader of A from March 4, 1999, and entered into each employment contract with F, Defendant D, and E from the time on March 4, 199 upon A’s declaration of bankruptcy, and worked as an assistant of the trustee in bankruptcy, and was in charge of receiving and receiving money from the bankruptcy estate, preparing various reports in the name of the trustee in bankruptcy, etc.

B. Around April 27, 2001, when Defendant C’s embezzlement and civil litigation (1) work as Defendant C’s assistant, Defendant C opened a bank account (Account Number: G) in the name of a bankruptcy trustee and the bankruptcy court at his/her discretion without obtaining permission, and then, as if the account belongs to a legitimate account of the bankruptcy estate, Defendant C received and stored KRW 5,931,298,442 in total from June 7, 2001 to November 12, 2008 as the repayment of debt to the above bankruptcy estate from the debtor of the bankruptcy estate, such as Non-CC Card Co., Ltd. as if the account was a legitimate account of the bankruptcy estate.

(2) Around June 25, 2001, Defendant C voluntarily withdrawn KRW 171,225,50 from the above bank account and used it for personal purposes, and voluntarily withdrawn KRW 5,920,086,495 from June 25, 2001 to December 23, 2009, as shown in the separate embezzlement list, and used it for personal purposes.

(3) Defendant E becomes aware of the embezzlement of Defendant C around January 2012 and the same year.

8. Around 22.2, against Defendant C, the sequence 3.

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