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(영문) 서울중앙지방법원 2015.08.28 2015가합8884
양수금
Text

1. The Plaintiff:

A. (1) Defendant B is jointly and severally with F in relation to KRW 3,358,989,031 and KRW 1,140,000,000 among them, and KRW 2).

Reasons

1. Basic facts

A. F is a major shareholder who owns 38.33% of the shares of F Co., Ltd. I (the bankrupt was declared bankrupt by the court; hereinafter “the bankrupt”), and served as a representative director of the bankrupt from July 4, 1997 to March 5, 198.

The deceased G (hereinafter referred to as the “the deceased”) worked as the auditor of the bankrupt from July 1, 1994 to March 5, 1998, and as the representative director of the bankrupt from December 12, 200.

H From July 4, 1997 to March 5, 1998, work as managing director of the bankrupt, and from December 12, 200, as managing director of the bankrupt.

Defendant B joined the bankrupt on March 2, 1990 and served as the head of the fund from January 11, 1998 to December 12, 200.

Defendant C joined the bankrupt on August 1, 1992 and served as the receiving agent from September 1, 1997 to July 22, 1999, and as the lending agent from December 12, 200.

Defendant D joined the bankrupt on July 1, 1997 and served as an agent in charge of loans until July 31, 1998.

Defendant E served as a non-registered director (management director) of the bankrupt from July 16, 1997 to March 5, 1998.

B. The Deceased and the Defendants B, C, D, E, and F were convicted of having led or participated in illegal loans as follows.

In other words, with a view to paying the debt of 4.3 billion won to the bankrupt upon accepting the bankrupt, F obtained a loan over 135 times from the bankrupt by taking advantage of the name of a third party, such as J, in order to avoid the restriction on the lending limit to the same person under the Mutual Saving and Finance Company Act and the loans to the related parties, such as investors, etc., and the deceased and the defendant B participated in some loans.

[The deceased and the defendant B et al. were convicted of most of the charges of forging and uttering private documents by the above act, and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation)]. ② The F is in collusion with the defendant E for the purpose of appropriating the incidental expenses incurred in accepting the bankrupt.

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