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(영문) 서울중앙지방법원 2015.02.05 2014가합9095
양수금
Text

1. The Plaintiff:

A. Defendant A shall pay full amounts of KRW 1,324,738,69 and KRW 443,489,879 among them.

Reasons

1. Facts of recognition;

A. From March 1, 1986 to August 24, 1998, Defendant A entered into a contract for fidelity guarantee with the effect that Defendant A will jointly and severally compensate for damage if he/she works for the instant cooperative for a period from April 15, 1997 to April 15, 1997, when he/she causes damage to the said cooperative while working for the instant cooperative.

B. The bankruptcy trustee D of the bankruptcy debtor C Cooperatives (hereinafter “the bankruptcy trustee of this case”) filed a claim for damages against the Defendants, etc. by asserting that “the Defendant A would have suffered losses from the instant cooperative by making illegal loans by executing loans in excess of the loan limit to the same person by executing them.” The above court accepted the above claim on January 21, 200, and rendered a judgment that “the bankruptcy trustee of this case would pay Defendant A KRW 416,49,290 among the above amount, and Defendant B would pay KRW 30,00,000 among the above amount jointly and severally with Defendant A”.

C. On July 26, 2001, the bankruptcy trustee of this case and the Defendants appealed to Daejeon High Court No. 2000Na1042, and the above court rendered a judgment on July 26, 2001 that “Defendant A shall pay to the bankruptcy trustee of this case KRW 545,41,936, and Defendant B shall pay KRW 30,000,000 among the above money and delay damages.”

The bankruptcy trustee of this case and the defendants appealed to the Supreme Court Decision 2001Da53639 on December 11, 2003. The Supreme Court appealed to the bankruptcy trustee of this case on December 11, 2003, 545,411,936 won to the bankruptcy trustee of this case, and 30 million won to each of the above amounts jointly and severally with the defendant A, and 5% per annum from August 25, 1998 to May 31, 2003.

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