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(영문) 서울중앙지방법원 2017.06.30 2014가단5184826
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A (hereinafter “A”) was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as a trustee in bankruptcy. On January 21, 2002, G was appointed as a representative director of A and was in general in charge of overall management, including exercising overall control over the credit collection business of the said bank, and was suspended from performing his/her duties on May 6, 2012.

B. G taking advantage of the position of major shareholder and representative director of A, and 1) G was exempted from the Financial Supervisory Service’s decision of business suspension under the condition of preparing for self-help performance in the inspection of management diagnosis of the Financial Supervisory Service A conducted from June 201 to August 201, 201, and subsequently, the company that received loan from friendly job offering H et al. seeks a company to allow G to obtain a loan from A to use part of the loan, and instead, the company that received loan from her company is willing to use A’s funds by preparing a written confirmation of the existence of the existence of the obligation for the loan used by her company. Accordingly, G is deemed a company that received H’s introduction on January 12, 2012.

(1) A) The loan agreement provides for a loan of KRW 6 billion and a credit transaction agreement provides for a loan of KRW 3 billion, and 3 billion out of that agreement provides for a written confirmation of the existence of a debt to I and used it for personal purposes after obtaining a loan from A. Pursuant to the loan from January 12, 2012, I completed the registration of the establishment of a neighboring mortgage equivalent to the maximum debt amount of KRW 7.8 billion on May 3, 2012 on the ground that the aforementioned confirmation of the existence of a debt, etc. was completed, and on the basis of the foregoing confirmation of the existence of a debt, G completed the registration to change the maximum debt amount of KRW 3.9 billion to the Plaintiff. As such, G acquired a profit equivalent to KRW 3 billion on the ground that it violated A’s duties as the representative director, thereby incurring property damage equivalent to KRW 3.0 billion on the part of A, and the Plaintiff filed a claim for damages against G against the Seoul Central District Court 2012hap6131, and the said judgment became final and conclusive on September 2000.

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