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(영문) 서울중앙지방법원 2014.04.22 2013가합80899
손해배상(기)
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. The Plaintiff:

A. As regards Defendant A, KRW 150,000,00 and this,

Reasons

1. Basic facts

A. G, etc. and conclusion of a contract for fidelity guarantee 1) G is the H Credit Union (hereinafter “H Credit Union”) from January 8, 1996 to February 26, 1997.

(2) As the regular manager, from February 27, 1997 to May 12, 1998, Defendant A was the chief director, from February 1994 to February 25, 1997, from February 26, 1997 to October 26, 1998, Defendant D and E were jointly and severally liable to compensate for damages arising out of the guarantee period from February 27, 1997 to February 25, 1998 (hereinafter referred to as the “liability guarantee contract”). Defendant D and E concluded the debt guarantee period to February 31, 1987 to February 25, 1997, and Defendant C jointly and severally agreed to compensate for damages arising out of the period of debt guarantee to February 26, 1992 (hereinafter referred to as the “liability guarantee contract”).

B. Claim 1) H New Consultation Bankruptcy Trustee I (after this, the Korea Deposit Insurance Corporation succeeded to a lawsuit by the HF Trustee.

(2) On June 12, 2003, Daegu District Court Decision 2000Gahap20506, G and F filed a lawsuit against the Defendant for the payment of the deposit on the ground of joint tort that participated in or aided’s embezzlement, and the Defendant C, D, and E filed a lawsuit against the Defendant A for the payment of the deposit on the ground of the instant contract for the fidelity guarantee. 2) The above judgment was rendered on June 12, 2003, and the parts of G, F, C, D, and E were finalized around that time.

H New Consultation Trustee Korea Deposit Insurance Corporation; ① 5% per annum from September 3, 2002 to May 31, 2003; ② from September 3, 2002 to May 31, 2003 to the date of full payment; ② Defendant C shall jointly and severally with G for the amount of KRW 50 million out of the amount described in the above paragraph (1) to May 31, 2003; and ② 5% per annum from September 3, 2002 to May 31, 2003 to the date of full payment; ③ Defendant D and E shall be jointly and severally with G for the amount of KRW 10 million from September 3, 2002 to the date of full payment; ③ Defendant D and E to the date of full payment.

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