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1. The Defendant’s KRW 4,527,618,836 for the Plaintiff and KRW 5% per annum from June 27, 2012 to January 22, 2014.
Reasons
1. Basic facts
A. (1) On May 11, 2001, A Co., Ltd. (hereinafter “A”) under the procedure of liquidation after having been declared bankrupt on May 11, 2001, and the procedure of rehabilitation was completed on March 25, 2008 after having been decided to commence the procedure of rehabilitation as Seoul Central District Court 2006hap16.
(2) After the declaration of bankruptcy, A was unable to receive a warranty bond from the Construction Mutual Aid Association on its credit, after depositing the amount corresponding to the warranty bond in the form of a fixed deposit, the Defendant bank and other financial institutions including the Defendant bank deposited the amount corresponding to the warranty bond in the form of a fixed deposit, set up a pledge on the deposit, and issued a guarantee from the Construction Mutual Aid Association. As seen above, A entered into a deposit contract with the Defendant bank in the account No. 1 through No. 24 in the table of the account subject to an assignment order with the Defendant bank to issue the warranty bond, and deposited or withdrawn the amount corresponding to the first deposit amount. In addition, A entered into a deposit contract with the Defendant bank on the account No. 25 through No.
(3) A’s director (from February 198 to February 2, 2009) in charge of the re-election fund of the Plaintiff and the head of the re-election team (from March 2009 to July 2009) in relation to the Defendant Bank’s funds, as well as the vice head of the Defendant Bank C branch of the Defendant Bank and the vice head of the Construction Mutual Aid Association (from March 2009 to July 2009) were in charge of the Defendant Bank’s business, and the Defendant Bank C branch and the vice head of the Defendant Bank and the Vice-head of the Korea Construction Mutual Aid Association were in charge of the Defendant Bank’s business and approved from D.
(4) Since then, B entered the term deposits in bank business practices to the effect that the term deposits can be “Pledgeed” or the term deposits affixed by rubbers shall be issued first, and it shall be issued through A’s business receipt team.