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(영문) 서울동부지방법원 2014.11.14 2014가합794
채무부존재확인
Text

1. The loan contracts between the Plaintiff A and the Defendant set out in the separate sheet Nos. 1 and 3 of the loan obligations set out in the separate sheet.

Reasons

1. Basic facts

A. On January 3, 2007, Plaintiff B borrowed 95 million won from C Co., Ltd. (hereinafter “Nonindicted Bank”) at interest rate of 10% per annum and the due date of payment on January 3, 2008, respectively.

B. In the criminal trial for D, E, executive director, etc. of the non-party bank, the president of the non-party bank: “In collusion with the non-party bank D, E, and F, from January 22, 2008 to September 9, 201, the non-party bank prepared a final statement of “the non-party loan object” and “the non-party bank’s prior statement of loan object” and “the non-party bank’s prior statement of loan object” and “the non-party bank’s prior statement of loan object” and “the non-party bank’s prior statement of loan object” were recorded in the non-party bank’s computer system in order to generate new loan more than 11,571 times, including the fact that the loan was made with the name of depositors or borrower of the non-party bank and the non-party bank’s prior statement of loan object and the record of “the non-party bank’s prior statement of loan object” and “the non-party bank’s prior statement of loan object” were recorded in the name column.

Seoul Central District Court [Seoul District Court 201Gohap12, 1312, 1401 (combined), 1487 (Consolidated), 1575 (Consolidated), 2012Gohap34 (Consolidated), 110 (Consolidated), 357 (Consolidated), 412 (Consolidated), 886 (Consolidated), Seoul High Court 2012No3666, Supreme Court 2013Do6826).

On September 7, 2012, the non-party bank was declared bankrupt by the Seoul Central District Court (Seoul Central District Court 2012Hahap96), and the defendant was appointed as the bankruptcy trustee of the non-party bank.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 4, 10, and 11, and all pleadings.

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