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(영문) 서울중앙지방법원 2016.06.23 2016가합4308
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. In a lawsuit seeking compensation against the former executives and employees of the Korea Deposit Insurance Corporation (hereinafter “Ynam Financial Corporation”) of Yong-Nam Total Financial Co., Ltd. (hereinafter “Ynam Financial Co., Ltd.”) for damages filed by the defendant et al. (hereinafter “B”), the above court held on October 21, 2005 that “the defendant shall audit directors’ duties as auditors and prepare an audit report at the end of each period for the settlement of accounts, thereby failing to perform his duties at all, and neglected to perform his duties as auditors during the period for the settlement of accounts in which the false financial statements are prepared and published in B during the year 195 and 196, and that he shall be jointly and severally liable to compensate the above amount of damages at the rate of KRW 12 billion in total with a collateral-based loan of KRW 200,000,000,000,000,000,000,000 won, which was 1414,000,000 won.”

(hereinafter “previous Judgment”; and the Defendant’s claim against the Defendant against the Yong-Nam Nam in bankruptcy, which became final and conclusive by the previous judgment of the case (hereinafter “previous claim for judgment”). On January 12, 2012, the Defendant filed an application for immunity from bankruptcy and exemption under the Jung-gu District Court Decision 201Hau148, 2012, 148, and 2012, the Defendant filed a petition for immunity from the said court for bankruptcy and exemption, and filed a declaration of bankruptcy on January 18, 2013; and on December 16, 2013.

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