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(영문) 서울중앙지방법원 2016.08.12 2015가합24237
양수금
Text

1. The Plaintiff:

A. (1) As to Defendant B’s KRW 583,548,901 and KRW 257,222,263 among them, Defendant A is with Defendant B.

Reasons

1. Basic facts

A. As a non-profit corporation established on March 8, 1973, which was declared bankrupt by the Busan District Court on December 4, 2002, P and the Korea Deposit Insurance Corporation were appointed as a trustee in bankruptcy on the same day.

B. Defendants B, A, and L worked as executive officers and employees in the OM as follows.

1) Defendant B: A managing director from April 10, 1992 to November 1, 1998) Defendant A: From February 26, 1995 to February 25, 1998: 3 auditors: the head of division from February 1, 1998 to June 30, 200; and 20 from July 1, 200 to August 6, 202

C. The network M and network N is a credit guarantee which has entered into a contract for fidelity guarantee with the content that the period of the credit guarantee for each L shall be from December 1, 1998 to November 30, 2001, if L would inflict damage on the OM during his/her service.

P and the Korea Deposit Insurance Corporation filed a lawsuit on December 12, 2002 against L, Defendant B, Defendant A, etc., an executive or employee of the OM under Busan District Court Decision 2002Gahap25344, claiming compensation for damages caused by mistake in the course of performing their duties, as L's fidelity guarantor, for L's net M, network N, etc., as L's fidelity guarantor.

E. On May 26, 2005, L, B, Defendant A, etc.: ① Embezzlement embezzlement of surplus funds; ② extension of credit to a person who is not a common bond; ③ unreasonable expenditure through installment settlement; ④ extension of credit to a bad credit holder; ④ embezzlement of customer deposits; ⑤ unfair termination of security; ② compensation for damages caused by an OF due to the illegal act, such as loan repayment, Daejeon, and embezzlement of loans; and ④ compensation for damages for the network M& and network N, etc., jointly and severally with L as a fidelity guarantor, shall be compensated for the damages caused by L; and the amount of liability shall be 30 million won.

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