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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff was investigated into violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), violation of the Mutual Savings Banks Act, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). Among them, the facts of suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) related to this case are as follows
In collusion with the representative director C of the B Bank (hereinafter “B Bank”), the Plaintiff obtained a loan of KRW 1,845,000,000 from the B Bank as an obligor on March 8, 2007 (hereinafter “D”) and received only a security equivalent to KRW 1,845,00,000 on January 29, 2008, and received a loan of KRW 850,000,000 (= KRW 1,845,000,000) from the B Bank as an obligor, and suffered a property loss equivalent to the amount of the loan of KRW 2,095,00,000).
B. When the Plaintiff was detained on July 10, 201 due to the facts suspected of the instant suspicion, etc., the Plaintiff deposited KRW 2,095,000,000 as a measure to recover the property damage of the Victim B Bank on July 14, 201, with the Bank as the principal deposit, as a measure to recover the property damage of the Victim B Bank.
(No. 1343, 201, hereinafter “the deposit of this case”). The deposit of this case is as shown in attached Table 1.
C. Meanwhile, on July 27, 201, the Plaintiff reported the restriction on collection of deposit with the following contents at the time of the deposit of this case, and B Bank reserved an objection to receive the said deposit as part of the damages compensation, and paid the principal and interest on the deposit amount of KRW 2,095,746,164 (= Principal KRW 2,095,000,000).
The depositor shall not exercise the right to claim the recovery of the deposit until the decision of non-prosecution of the above criminal case (excluding the suspension of indictment) has been made or the judgment of innocence has become final and conclusive without the consent of the deposited person.
The Plaintiff’s instant case from this Court on January 12, 2012.