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(영문) 서울중앙지방법원 2017.02.08 2016가합515679
채권자대위권에 기한 대여금반환청구
Text

1. The plaintiff's respective lawsuits against the defendant B, C, and D shall be dismissed.

2. The plaintiff's claim against the defendant A is dismissed.

3...

Reasons

1. Basic facts

A. A. 1) AS Savings Bank Co., Ltd. (hereinafter “ES Savings Bank”) (hereinafter “ES Savings Bank”)

A) A mutual savings bank is a bank that has been engaged in the receipt of deposits and installment savings upon authorization from the Financial Services Commission in accordance with the Mutual Savings Banks Act. On September 26, 2012, E Savings Banks was declared bankrupt by the Incheon District Court 2012Hahap9, and on the same day, the Plaintiff was appointed as a trustee in bankruptcy of E Savings Banks. 2) E is a person who actually controls 86 corporations, such as F Co., Ltd. (hereinafter “F”), G Co., Ltd. (hereinafter “G”), and H (hereinafter “H”), and was in charge of overall management.

3) From the ES Savings Bank, from April 17, 2006 to July 8, 2009, G extended KRW 14.45 billion in total, and from H on June 29, 2011, H extended KRW 8.7 billion in relation to the I’s business, from the ES Savings Bank to June 29, 201, and from August 26, 2010 to June 29, 201, N extended KRW 18.6 billion in total in relation to I’s business, from the ES Savings Bank; J borrowed KRW 250 million in relation to I’s business; and the E’s joint and several surety provided each of the above loans.

1.(a)

3) The above court was indicted on May 3, 201 as Seoul Central District Court 201 Gohap1437, 1477, 2012Gohap73, 93, 343(combined), and 1553(Joint) on the ground that the loans including each of the loans mentioned in paragraph (1) constitute a breach of trust committed by an executive officer or employee of the Bank in the House Savings.

1.(a)

3) Recognizing that only a part of the loans, including the loans described in paragraph (1), partially convicted E and sentenced E to imprisonment with prison labor for six years. 3) E and prosecutor appealed against the above judgment as Seoul High Court 2013No1650.

On November 1, 2013, the above court reversed the acquittal portion of the judgment of the first instance court, and sentenced E to eight years of imprisonment with prison labor when determining the guilty portion of the charges.

4 E shall be above.

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