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(영문) 서울중앙지방법원 2016.05.13 2016가합2852
양수금
Text

1. The defendant shall not exceed KRW 859,841,203, and KRW 300,000,000, among them, to the plaintiff within the extent of the property inherited from the deceased B.

Reasons

Facts of recognition

On July 14, 2001, the Eastern Bank Co., Ltd., the parties to the dispute (hereinafter referred to as the " Eastern Bank") was declared bankrupt, and the Korea Deposit Insurance Corporation was appointed as the trustee in bankruptcy of the Eastern Bank on the same day.

C Co., Ltd. (hereinafter referred to as “C”) entered the company reorganization procedure after receiving a decision on the commencement of the company reorganization procedure from the Seoul District Court on March 8, 1997, but was decided to discontinue the company reorganization procedure from the above court on December 4, 200, and was declared bankrupt by the same court on December 21, 200.

B was managed as C's director and president from January 1, 1977, but retired on February 7, 1996.

(Director's former Director's Resignation on January 11, 1996). B died on December 4, 2003, and the senior heir and other senior inheritors renounced all inheritance and succeeded to all the property of Defendant and D.

(A) On January 12, 2005, the Defendant filed a report on the qualified acceptance with the Seoul Family Court on January 12, 2005 and received from the same court on February 16, 2005 the report on the qualified acceptance of the qualified acceptance.

C The contents of C’s false financial statements and the settlement of accounts for the fiscal year 1993 are as follows: (a) in the settlement of accounts for the fiscal year 1993, the amount of capital 1,29.6 billion won; and (b) in the settlement of accounts for the fiscal year 40.5 billion won before corporate tax deduction, the amount of sales and sales claims was over-paid; and (c) under-paid expenses and construction loss reserve funds, etc., the amount of capital 188 billion won; and (d) under-paid the false financial statements with the amount of net income before corporate tax deduction 17.8 billion won; and

G, a representative director, is the managing director, at the time of the involvement in the settlement of accounts in the fiscal year 193, because the financial interest of C reaches KRW 100 billion a year and the management of the company is difficult without the settlement of accounts.

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