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(영문) 광주지방법원 2016.03.18 2015가합2326
부당이득금반환
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. Facts of recognition;

A. The status F of the parties in question took full charge of G affairs, including the receipt of deposits and installment savings, loans to members, and the management of assets of the association, from G Credit Cooperatives (hereinafter “G”) to October 197, 14 May 14, 1984, to G, and thereafter, while working as a full-time manager for the period from April 30, 199 to October 197.

Defendant B, C, and D are directors of G, and Defendant E are employees of G.

B. The Plaintiff’s establishment and the F’s breach of trust (1) was established on April 25, 1994 when G were working as the regular business of G, with five members including H, etc., for the purpose of raising and selling livestock, and the director was appointed as the representative director on February 27, 1995.

(2) The sum of G’s funds from June 23, 1997 to November 4, 1997 to KRW 950,00,000 was illegally provided to the Plaintiff in the form of internal investments. On December 31, 1998, F provided the Plaintiff with KRW 1,315,40,000 as the same name and paid the Plaintiff a total of KRW 2,265,400,000 to pay the Plaintiff a debt to G by having the Plaintiff repay the Plaintiff’s loans, thereby causing damage to G.

(3) On May 24, 200, F was prosecuted on the grounds of the above criminal acts, and sentenced to three years of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in this Court case on May 24, 200, and appealed and sentenced two years and six months of imprisonment to the Gwangju High Court on June 21, 2001, and became final and conclusive on October 9, 2001.

C. Part of G’s bankruptcy and loss recovery (1) G was declared bankrupt by this court on October 9, 199. On the same day, I was appointed as bankruptcy trustee on April 3, 2001, and then resigned. The Korea Deposit Insurance Corporation was appointed on May 2, 2003 as bankruptcy trustee.

(2) G bankruptcy trustee on December 29, 2005, owned by the Plaintiff 470,000,000 won, including the above I, J, and Korea Deposit Insurance Corporation.

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