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(영문) 서울중앙지방법원 2015.08.26 2013가합512334
예금반환
Text

1. As to KRW 15,169,249,377 and KRW 531,339,713 among the Plaintiff, the Defendant shall start from December 26, 2007 to April 2, 2013.

Reasons

1. Basic facts

A. The relationship between the parties 1) Dong Construction Industry Co., Ltd. (hereinafter “Dong Construction”).

(2) On May 11, 2001, when the company was declared bankrupt and the liquidation procedure was in progress, on January 9, 2007, and the rehabilitation procedure was completed on March 25, 2008 after the Seoul Central District Court was decided to commence the rehabilitation procedure. However, on August 25, 2014, the company was decided to commence the rehabilitation procedure on August 25, 2008 as Seoul Central District Court 2014hap146. 2) On August 25, 2014, the company was unable to receive the warranty bond from the construction mutual aid association after the bankruptcy was declared, the company, including the Defendant, deposited the amount equivalent to the warranty bond in the form of a fixed deposit, set a pledge on the deposit with the construction mutual aid association and issue a warranty bond from the construction mutual aid association.

3) B served as the C Team Director D (from February 1998 to July 2, 2009) and C Team Director (from March 2009 to July 2009) of East Asia Construction, and E served as the F Branch D Director for the Defendant’s high school line B. B B. On November 19, 2007, Dong Construction and New Bank Co., Ltd. (hereinafter “New Bank”) entered into a specific monetary trust contract with the rehabilitation court for the custody of reserved amount to be paid to the undetermined rehabilitation creditors according to the rehabilitation plan accepted by the rehabilitation court for Dong Construction at the time of the commencement of rehabilitation procedures in 2007.

In addition, the East Asia Construction deposited KRW 168,705,460,546 to the trust account established in the new bank.

G, as its subordinate employees, from March 4, 2009 to June 26, 2009, submitted a payment instruction to the effect that part of the above trust money should be deposited into a deposit account in the name of East Asia Construction established with the Defendant, and a copy of the withdrawal certificate to the employees of the new bank.

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