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(영문) 부산지방법원 2015.12.16 2014가합46146
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 500,000,000 and for this, KRW 20% per annum from July 4, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. The relationship between the parties (1) A Co., Ltd. (hereinafter “Bankruptcy Bank”) was declared bankrupt on October 30, 2012 by Busan District Court 2012Hahap7, and the Plaintiff was appointed as bankruptcy trustee from the above court on the same day.

(2) On December 28, 2009, Defendant B entered the bankrupt bank and served as the head of the business division. From August 2010, Defendant B served as the head of the headquarters who exercises overall control over the business of receiving credit at the bankrupt bank’s head office.

(3) On December 28, 2009, Defendant C and D agreed to be liable for all civil damages to the bankrupt bank due to the intentional or gross negligence committed in the course of performing their duties for two years in the bankrupt bank by the bankrupt bank on December 28, 2009, as well as any act in violation of any other duties, etc.

B. (1) On January 7, 2011, the bankrupt bank provided F forest land 14,163 square meters (hereinafter “instant land”) as security (the bankrupt bank granted a loan (hereinafter “instant loan”) to G (hereinafter “G”) with respect to the instant land as the head of Suwon District Court No. 2735, Jan. 7, 201, the amount of maximum debt amount of KRW 1,690,000,000, and the registration of creation of superficies for the duration of 30 years under Article 2736, which was received on the same date by the same registry office; hereinafter “the registration of creation of superficies and the registration of creation of superficies”).

(2) On the same day, G’s representative director H and E who misrepresented the name in distress (hereinafter “nameless winner, etc.”) jointly and severally guaranteed the above loans to G’s bankrupt bank on the same day.

C. On September 21, 2011, the lawsuit seeking the registration of the establishment of a neighboring mortgage and the cancellation of the registration of the creation of superficies (1) E was filed against the bankrupt bank under the Suwon District Court 201Gahap1825, the registration of the establishment of a neighboring mortgage and the registration of the establishment of a superficies.

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