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(영문) 서울중앙지방법원 2016.01.15 2015가합21290
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Defendant is each a person who served as C’s director of a stock company C (hereinafter “C”) from June 29, 1996 to August 15, 1996, and as C’s standing auditor from August 16, 196 to August 4, 1999.

B. On September 30, 200, the Leewon Credit Depository Co., Ltd. (hereinafter “Hawon Credit Depository”) transferred the right to claim damages against the executive officers of the Defendant, etc. due to illegal or unjust loans in violation of the relevant Acts and subordinate statutes according to a decision to transfer contracts by the Financial Supervisory Commission under Article 14 of the Act on the Structural Improvement of the Financial Industry, and transferred the right to claim damages again to the Korea Deposit Insurance Corporation on November 9, 200.

C. The Korea Deposit Insurance Corporation filed a lawsuit claiming damages against executive officers, such as the representative director, director, and auditor of the Seoul Central District Court 2004Gahap32744.

On December 23, 2004, the above court sentenced the Korea Deposit Insurance Corporation, D, and B to the effect that “the Defendant sustained damages from C by approving illegal loan transactions in violation of the relevant provisions at the time when the Defendant was in office as C’s standing auditor,” and sentenced the judgment that “the Defendant jointly and severally with the Korea Deposit Insurance Corporation, KRW 1,872,00,000, KRW 456,805,641, and each of them is jointly and severally and severally with B, KRW 5% per annum from December 30, 199 to July 19, 2004, and KRW 20% per annum from the next day to the day of full payment (hereinafter “prior judgment”). The above judgment became final and conclusive.

E. On April 29, 2015, the Korea Deposit Insurance Corporation transferred to the Plaintiff the damage claim against the Defendant based on the preceding judgment (hereinafter “instant claim”).

F. Meanwhile, on October 30, 2006, the Defendant declared bankrupt as Seoul Central District Court Decision 2006Hadan25088 on October 30, 2006, and the decision to grant immunity was finalized on December 20, 2006 by the Seoul Central District Court Decision 2006Ma26555 on December 4, 2006.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, Eul 1 evidence (including additional evidence) and the purport of the whole pleadings.

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