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(영문) 서울중앙지방법원 2017.08.23 2017가단19980
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. On January 29, 2007, A Co., Ltd. (hereinafter “Bankruptcy Company”) was a company established for the purpose of telecommunications construction business, etc., as its main business to conduct IT premiuming business, including system integration, system operation, IT consulting services, etc. for general and public institutions.

Since 2012, the bankrupt company has invested in the information security business, the sales loss began due to the increase of expenses compared to the sales, and the public institution's information security business has been delayed or disappeared due to the incident in March 2014 and the Marman situation in 2015, and the sales has decreased.

On May 23, 2016, the bankrupt company was declared bankrupt on July 6, 2016 after filing a petition for bankruptcy on May 23, 2016 by Seoul Central District Court 2016Hahap10013, and B was appointed as the bankruptcy trustee by December 31, 2018.

B. On September 2012, the Defendant joined the bankrupt corporation A (hereinafter “Bankruptcy Company”) and served as the head of the Daejeon branch office and the business director, and retired from the office around 2014.

C. Under the prior approval of D representative director of the bankrupt company for the business of the bankrupt company, the defendant executed or received the funds of the bankrupt company as follows.

1) On March 2013, 2013, in order to provide a senior 2,6,500,000 won to employees in charge of the business of KONEX, which is the customer of the bankrupt company, in the form of a corporation card of the bankrupt company, around June 2013, in order to provide a senior 2,6,50,000 won in total, to employees in charge of the business of the KONEX, who have merged and merged KONEX with the corporation's corporate card of the bankrupt company. On September 11, 2013, the bankrupt bank received 35,000,000 won from the bankrupt company, and on September 11, 2013 and September 12, 2013, the expenditure will be made to employees in charge of the business of the KONEX, who are employees in charge of the business of the KONEX.

D. The Defendant is from D’s representative director of the bankrupt company on September 11, 2013.

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