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(영문) 서울중앙지방법원 2017.09.15 2016가단5180965
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Busan Two Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) had a loan claim amounting to KRW 200 million against E as of December 31, 2007, starting from a loan to a limited liability company E (hereinafter “E”) on December 31, 2007. However, it was suspended as of February 17, 201, and the Plaintiff is performing the business affairs and litigation related to the bankrupt estate as a trustee in bankruptcy.

B. Around March 24, 2011, Defendant A, the representative director of the E, withdrawn KRW 50 million from the E Bank’s account with a cashier’s check, and paid KRW 10 million to Defendant C and KRW 40 million to Defendant B, respectively. Around April 13, 2011, Defendant A, who was the representative director of the E, withdrawn KRW 49 million from the E Han Bank’s account with a cashier’s check and then withdrawn KRW 49 million from the E Han Bank’s account with a cashier’s check.

4. Around 18.18. Around May 4, 201, Defendant D’s wife deposited KRW 30 million in the regular bank account of Defendant D’s bank and KRW 19 million in the savings account. Around April 25, 2011, E Han Bank deposited KRW 35 million in the cashier’s account of Defendant D’s savings account, and then deposited it again into Defendant D’s regular savings account. Around May 4, 2011, E Han Bank account deposited KRW 2.5 million in the cashier’s account of Defendant D’s savings account.

C. On October 27, 2016, E received a written notice of tax amount in arrears from the head of Yeongdeungpo-gu Office to pay the delinquent amount of KRW 5,497,800.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. Defendant A, as the representative director of Defendant E, has the director’s duty of care, duty of loyalty, duty of compensation, and duty of compensation in accordance with Articles 681 and 685 of the Civil Act and Article 401 of the Commercial Act. Under the circumstances where E is liable for a loan to the Plaintiff, Defendant A should preferentially use the company’s assets, such as deposit claims in the name of the company, in repayment of the loan obligations.

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