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(영문) 광주지방법원 2016.10.27 2015가합4162
예탁금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. As part of a community development project, the Plaintiff is a juristic person established by the B Credit Cooperative prior to the bankruptcy (hereinafter “B Credit Union”) on May 25, 1994. The Defendant is a juristic person appointed as a trustee in bankruptcy on May 2, 2003 as the B Credit Union was declared bankrupt on October 9, 199 (Seoul District Court 9No. 99Ha24).

B. The non-party C established the plaintiff on April 25, 1994, when he was working as a new consultation managing director, with five directors including D, etc., and was appointed as the representative director on February 27, 1995. The non-party C took office as the representative director on February 27, 1995. The non-party C took office as the representative director from May 14, 1984 to October 197. The non-party C took office as the managing director on April 30, 1999. The non-party C took full charge of B, such as the receipt of deposits and installment savings, loans to members, and the asset management affairs of the association, and 1.0,000 won for B from June 23, 1997 to November 4, 1997, 200 won for 30,000 won for 30,000 won for 14,050,000 won for internal loans to the plaintiff.

3) On May 24, 200, C was prosecuted on the grounds of the above criminal act, and was sentenced to three years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). On June 21, 2001, Gwangju High Court Decision 2000No355 decided June 21, 2001, and the judgment became final and conclusive on October 9, 2001. (c) New Cooperatives was declared bankrupt by the Gwangju District Court on October 9, 199 (No. 9Haju District Court No. 99Ha24), E was appointed as the bankruptcy trustee on the same day, and then resigned after May 2, 2003.

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