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(영문) 서울중앙지방법원 2016.01.19 2015가단5216409
부당이득금
Text

1. The plaintiffs' primary claims are dismissed, and the conjunctive claims are dismissed.

2. All the costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiffs, while serving as an employee of Seoul Mutual Savings Bank (hereinafter “Bankruptcy Bank”), are those who retired before the bankruptcy was declared on September 26, 2013 by the Seoul Central District Court 2013Hahap139, and the Defendant is the bankruptcy trustee of the Bankrupt Bank.

B. A bankrupt bank decided to issue capital increase of KRW 10 billion on August 2009, and allocated KRW 1,320,000,000 to the Seoul Mutual Savings Bank’s employee stock ownership association (hereinafter “Nonindicted employee stock ownership association”). On August 21, 2009, the bankrupt bank entered into a loan agreement with Nonparty employee stock ownership association and borrowed KRW 1,350,000 (hereinafter “instant loan agreement”) with KRW 1,350,000 (hereinafter “instant loan agreement”). Nonparty employee stock ownership association acquired new shares in its own name (hereinafter “instant treasury shares”).

C. The bankrupt bank paid the full amount of each retirement allowance to the plaintiffs as follows, and the plaintiffs paid the amount of all or part of the above retirement allowance paid to the bankrupt bank with the opinion and request of the bankrupt bank that the plaintiffs who are workers should pay their obligations with capital increase with capital increase as set forth in the preceding paragraph.

Plaintiff

Loans on repayment of retirement allowances loans received on the date of receiving retirement allowances;

1. A 2012-12-05 31,250,000 2012-12-05 31,250,000;

B 2. B 2013-03-11 79,173,040 2013-03-14 36,941,301

c. C 2013-02-15 103,771,876 2013-02-18 46,870,989

4. D 2013-03-14 95,03, 476 2013-04-16 20,434,869 / [Reasons for Recognition] A, entry in the evidence of subparagraphs 1 through 4 (including each number), and the purport of the whole pleadings;

2. Judgment on the plaintiffs' primary claims

A. The Plaintiffs, who filed a claim for unpaid retirement pay, shall transfer the amount of retirement pay to the accounts in the names of the Plaintiffs by the bankrupt bank.

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