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(영문) 서울중앙지방법원 2017.12.15 2016가합38592
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion that the Defendant, as a “loan Broker,” received a request from the managing director E in charge of financial affairs of the Bankrupt, Inc., Ltd. (hereinafter “A”) to arrange a loan through the State bank, etc. on January 2013, and received a total of KRW 450,200,000 in return for loan arrangement. This constitutes tort against A.

Due to the above illegal acts, A suffered damages equivalent to KRW 454.2 million paid to the Defendant, and thus, the Defendant is obligated to pay the above amount and damages for delay to the Plaintiff, a trustee in bankruptcy, who is a trustee in bankruptcy.

2. Examining the reasoning of the argument in addition to the statement in evidence Nos. 1 and 2, A is acknowledged as having received the total sum of KRW 22,00,000,000 as KRW 10,000,000,000,000 from the account in the name of the E-WW, and separately received KRW 1,200,000,000 from the Defendant’s account on February 7, 2015 and on the same day, the Plaintiff was appointed as bankruptcy trustee on the same day. Meanwhile, on January 15, 2013, the Defendant, together with D, provided that he would compel E-General Director in charge of Finance to engage in loan brokerage, and around March 8, 2013, he/she received KRW 20,000,000 from the Seoul District Court around 20,000,000,000 from the Defendant’s account in the name of the Defendant, and received money and valuables from the Seoul District Court around 2013.

However, the protection of the law of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is not the property interest of the person who has been proved, but the fairness of the business of the financial institution and the trust in the society.

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