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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The bankrupt, Seoul Mutual Savings Bank (hereinafter only referred to as the bankrupt bank) is a juristic person established under the Mutual Savings Banks Act for the purpose of credit business, receipt of deposits and installment savings under the Mutual Savings Banks Act. The Defendants are the persons working as employees of the above bank, the bankrupt bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 201Hau139, and the fact that the Plaintiff was appointed as the bankruptcy trustee on the same day is no dispute between the parties.
2. According to the employee stock ownership association rules that the Plaintiff’s alleged bankrupt bank workers are members, the union members who subscribed to acquire treasury stocks through the association shall contribute money for acquiring treasury stocks to the employee stock ownership association. The Defendants, around September 3, 2009, made an application for stock acquisition to acquire treasury stocks, and the employee stock ownership association allocated the Defendants the bankrupt bank new stocks to the Defendants on September 3, 2009, and the Defendants were liable to pay contributions to the employee stock ownership association. Thus, the Defendants failed to comply with this even though they were liable to pay contributions to the employee stock ownership association. Thus, the Plaintiff, as the bankruptcy trustee of the bankrupt bank, the creditor of the employee stock ownership association, who is the insolvent
(The plaintiff changed the cause of the claim in the first instance). 3. Judgment
A. According to the purport of the entire statement and pleading of the evidence No. 6, the employee stock ownership association bears the obligation of KRW 452,700,000 against the bankrupt bank as of September 27, 2013, and the bankrupt bank is judged to have the above claim against the employee stock ownership association. Thus, the creditor subrogation claim is acknowledged, and the employee stock ownership association is also required to preserve it in the current insolvent state.
B. Following the existence of subrogation claim, the Plaintiff is the Defendants.