logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.06.08 2017나57530
파산채권표기재무효확인 등
Text

1. The plaintiff's appeal and the claims extended by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”)’s common deposit account (hereinafter “A”) in the name of the Defendant (hereinafter “instant account”) was deposited in KRW 190 million after the new account was deposited on January 7, 2010. The remainder was KRW 122,392 after the deposit of interest. The deposit of KRW 50,000 to the MMF account of securities company was made on November 11, 201, and KRW 97,838,580,000,000 was transferred to KRW 550,000 to the MMF account, and KRW 771,760,000 was deposited, and the balance was KRW 29,382,732 as of January 11, 201.

B. On June 20, 2012, the first meeting of creditors held on June 20, 2012, the first meeting of creditors and the first claim inspection date of the Busan District Court (hereinafter “instant bankruptcy claim”) confirmed the deposit claim amounting to KRW 30,431,415 (= Principal KRW 29,382,732; KRW 1,048,683; hereinafter “instant bankruptcy claim”).

C. The Defendant received KRW 8,211,954 from the Plaintiff, a trustee in bankruptcy, the sum of KRW 4,709,609 on March 30, 2015, and KRW 3,502,345 on June 18, 2015, as dividends on the instant bankruptcy claim.

On the other hand, D, the husband of the Defendant, who had worked as a business director, branch director, etc. of A, opened a new account under the name of the Defendant, and kept deposited KRW 587,838,580 on November 10, 2010, which was managed by A as non-funds, and transferred KRW 550 million out of the said money to a securities company MMF borrowed account.

In the meantime, the Defendant arbitrarily withdrawn KRW 552,296,580 from the above account with D’s instructions and delivered KRW 550,000,000 to D, and D concealed KRW 550,00,000 delivered by the Defendant, and the remainder KRW 2,296,580 was given to the Defendant for personal use and used for business embezzlement.

E. D was indicted in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was convicted in Seoul High Court Decision 2013No424 on May 10, 2013.

The above judgment is the same.

arrow