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(영문) 서울고등법원 2017.03.23 2016나2029522
손해배상 등 청구의 소
Text

1. The part against Defendant E in the judgment of the first instance is revoked, and the corresponding Plaintiff’s claim is dismissed;

2...

Reasons

1. Basic facts

A. The status of the parties, etc. as well as I Co., Ltd. (hereinafter “I”) and J Co., Ltd. (hereinafter “J”) are companies running mutual savings bank business, and the J is a subsidiary of 100% of I.

B is the managing director in charge of the I's business and K's wife who is the representative director of the plaintiff.

B. On December 1, 2010, the Plaintiff entered into a loan agreement with J on December 1, 201, which contains 12 billion won of the loan principal, interest rate of 10% per annum on December 1, 201, and 25% of the delay delay rate of 3 months or more (hereinafter “instant loan agreement”) (hereinafter “instant loan agreement”).

C. On December 1, 2010, the Plaintiff entered into a mortgage agreement with J as to each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) to secure the instant loans. On the same day, the Plaintiff completed the registration of establishment of a mortgage over each of the instant real estates with the creditor J, the debtor, and the maximum debt amount of KRW 15.6 billion.

1) On December 1, 2010, J deposited 12 billion won from the Plaintiff’s loan account (L) established in J pursuant to the instant loan agreement, and transferred 12 billion won from the said account to the Plaintiff’s ordinary deposit account (M). In order to indicate that the Plaintiff’s ordinary deposit amount was converted from the Plaintiff’s term deposit code (N) to the term deposit amount, it temporarily generated on a computerized basis, and is in fact the same as the fixed deposit amount (O). Upon forming the Plaintiff’s ordinary deposit account, the Plaintiff transferred 12 billion won from the said ordinary deposit amount to the fixed deposit code (O, hereinafter “the instant fixed deposit amount”).

) Upon the occurrence of the instant term deposit, the instant term deposit was terminated, and the instant term deposit was transferred from the instant ordinary deposit account to the said ordinary deposit account. The amount of the date and time of the transaction (the amount of the original transfer or receipt was set at KRW 5,393,390,000, the sum of KRW 350,000,000, KRW 750.

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