logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2018.04.05 2016가단5061521
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. ES Savings Bank was declared bankrupt on September 26, 2012, and the Plaintiff was appointed as a trustee in bankruptcy of ES Savings Bank on the same day, and ES Savings Bank prior to bankruptcy (hereinafter “ES Savings Bank prior to bankruptcy”) is a savings bank established under the Mutual Savings Banks Act.

B. With respect to B, the Plaintiff holds a total of approximately KRW 41.55 million (i.e., KRW 18.6 billion (i., KRW 18.6 billion) for a loan obligation of a main debtor C&C + KRW 8.7 billion £« KRW 2.5 billion for a joint and several several several several several several surety obligation of a main debtor D’s loan obligation of a main debtor E + KRW 1.4 billion for a joint and several surety obligation of a main debtor F&C) and KRW 5.8 billion for a tort damage claim (Seoul Central District Court Decision 2012Gahap537251), including at least KRW 5.5 billion for a tort damage claim (hereinafter “instant secured claim”).

C. Meanwhile, as the actual operator of the said C Co., Ltd., the public prosecution was instituted on November 14, 201 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) (Seoul Central District Court 201Da1437, Apr. 24, 2014) and the final appeal was dismissed on April 24, 2014, and the sentence of eight-year imprisonment was

(Supreme Court Decision 2013Do14052). 【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 8, and the purport of the whole pleadings.

2. The parties' assertion and judgment

A. Party B’s assertion 1) The summary of the Plaintiff’s assertion is 1.59 million won directly against the Defendant (= KRW 1.59 billion on April 16, 2010 + the same year.

4. 23. 80 million won + the same year.

5. 24. 30 million won + the same year.

8.3. 10 million won + 10,000,000 won was lent on May 10 of the same year, and as a result, indirectly lent a total of KRW 1.466,2 million to the Defendant through G, which was the representative director of the Defendant, B, as a total of KRW 3.05 billion against the Defendant (=1.59 billion + KRW 1.466 billion + KRW 1.462 million).

arrow