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(영문) 서울중앙지방법원 2016.08.18 2015가합27847
양수금
Text

1. The plaintiff's respective lawsuits against the defendant C and D shall be dismissed.

2. Defendant A’s KRW 6,594,117,706 and 1,694 among the Plaintiff.

Reasons

1. Basic facts

A. The Korea Deposit Insurance Corporation (hereinafter “the Korea Deposit Insurance Corporation”) of the Bankrupt PP Credit Union (hereinafter “PP”) filed a lawsuit seeking compensation for damages arising from an illegal act prior to the declaration of bankruptcy [the Seoul Central District Court 2002Ga54962, 2002Gahap54962, 202Gahap89, 8059, 203Gahap22696, 203Gahap22696, 2096, 196, 203Kahap2696, 206, 2009, 203Kahap2696, 2096, 2006, 2006(Counterclaim)] against the officers and employees of PPPP, etc. including Defendant A, C, D, K, and the Korea Deposit Insurance Corporation (hereinafter “PPP”) in relation to the purchase of share-type beneficiary certificates, direct stock investment, loan by fraudulent means.

B. As a result, on July 7, 2005, the first instance judgment with respect to Defendant A, C, D, and K was rendered, and on September 29, 2006, in the case of the deceased J, the second instance judgment with respect to the following contents was rendered, respectively, at the appellate court [Seoul High Court 2005Na84541, 205Na8458, 205Na8458 (Joint), and 205Na84565 (Counterclaim)]. The above judgment became final and conclusive around that time.

(1) Defendant A: 2 billion won and damages for delay calculated at the rate of 20% per annum from November 16, 2001 to the date of full payment; 20 million won per annum from November 16, 2001 to the date of full payment; and 3% per annum from November 16, 2001 to the date of full payment; Defendant D: 50 million won and damages for delay calculated at the rate of 20% per annum from November 16, 2001 to the date of full payment; jointly and severally with Defendant C: 50 million won and damages for delay calculated at the rate of 20% per annum from the date of full payment to the date of full payment; 4% per annum from the date after November 16, 2001 to the date of full payment; and 200 million won per annum from the date of full payment to the date of full payment.

C. The deceased J died on August 29, 2008, and as his heir.

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