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(영문) 서울중앙지방법원 2016.11.02 2016가합515488
부당이득금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff between the parties is the trustee in bankruptcy of the ES Savings Bank (hereinafter “ES Savings Bank”), and the Defendant is the wife of C, the representative director of the B Co., Ltd. (hereinafter “B”).

B. A loan to AS Savings Bank C was extended KRW 710,520,000,000 from AS Savings Bank prior to bankruptcy through B, etc. (hereinafter “the borrower in this case”) to a borrower listed in attached Table 1, including B, etc., who actually controlled him/her from February 7, 2005 to August 30, 201, or who lent his/her name to him/her.

C. The money transfer from C’s account, etc. to the Defendant’s account; 1) The money transfer from each account of the local Contact Ltd. and the local Donice Co., Ltd. to the Defendant’s account in five instances, respectively. The date of transfer, amount, remittance account, and deposit account are as shown in attached Table 2 (hereinafter “transfer under item (a) of this case”).

2) Transfer from the account of Subdivision Co., Ltd.: Transfer from the account of 1,2,4,7,9 Serial Co., Ltd.: Attached Form 2 No. 1, 2, 4, 7, 9 z. 5, 6, 10 through 12 m.: Transfer from the account of the Defendant to the Defendant’s account over 48 times. On October 22, 2007, the Defendant’s account was indicated on the check, and KRW 30,000 was paid to the Defendant’s account.

The date, amount, remittance account, and deposit account shall be as specified in attached Form 2.

(b) Rule 3, 8, 13 through 59, Nos. 2, 3, 8, 13, 59

D. A public prosecutor of the criminal trial on the suspicion of embezzlement of C was indicted to the effect that C received money transferred from the respective accounts of C and the accounts of the borrower of this case to the Defendant’s account (attached Nos. 2, 3, 7, 8, 13 through 16, 18 through 59) from the Defendant’s account, and C used money borrowed from the AS Savings Bank as the representative director and embezzled by C voluntarily consumed and embezzled as living expenses.

The court of the first instance shall render all the facts charged.

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