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(영문) 서울중앙지방법원 2016.09.30 2014가합514764
손해배상(기)
Text

1. Of the attachment Nos. 1 to 4, 5-1, 6-1, 7-1, 8-1, 9-1, 10 to 16, and 18 to 38 in the Schedule of Damage Nos. 2.

Reasons

1. Basic facts

A. Status of the parties 1) Bankruptcy Debtor A Co., Ltd. (hereinafter “A”).

(2) On September 7, 1971, a mutual savings bank established under the Mutual Savings and Finance Act for the purpose of credit fraternity business, credit installment savings business, receipt of deposits and installment savings, loan business, etc., and was determined by the Financial Services Commission as an insolvent financial institution on September 3, 2012, and was ordered to improve management by the Financial Services Commission on September 19, 2012. However, as a result, A was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap55, and the Plaintiff was appointed as A’s trustee in bankruptcy in the bankruptcy proceeding. (2) From March 5, 2009 to December 31, 2011, Defendant B was the chairperson of A (it was not registered in the corporate registry but is the actual highest manager) who ordered A to perform its business as the overall manager (hereinafter “K”).

(2) Defendant B held 47.8% of the shares issued by K, and held 70.8% of the shares if the shares were included in Defendant B’s specially related persons), and the remaining Defendants are those who worked as officers of Defendant B, and their status and tenure of office are as listed in the following table 1:

The defendant 1 B, who held office No. 1 B, from March 5, 2009 to December 31, 201, 201, to March 14, 2005 to March 5, 2009, 3D representative directors, from May 3, 201 to December 4, 2011, to October 3, 2005, from October 3, 2005 to October 4, 2005, as directors of 1 to 3, 2005, from March 5, 2009 to October 3, 2005, from March 5, 2009 to December 5, 2009 to February 6, 2008 (registration No. 10 to September 19, 201).

The plaintiff's non-performing loans and other investigations conducted against A shall be held liable to the plaintiff as to whether the plaintiff violated the Mutual Savings Banks Act and the standard loans of mutual savings banks from November 19, 2012 to February 15, 2013, and whether there has been any non-performing or unfair loans in violation of the Mutual Savings Banks Act and the standard loans of mutual savings banks.

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