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(영문) 서울중앙지방법원 2016.02.05 2015가합26929
양수금
Text

1. The defendant shall, within the scope of the property inherited from the deceased B, pay to the plaintiff KRW 1,273,678,082 as well as KRW 420,00 among them.

Reasons

1. Basic facts

A. The plaintiff is the non-party Dong Bank Co., Ltd. (hereinafter referred to as the "Dongdong Bank").

(2) From January 1, 1977, the Defendant took over the claim by the trustee in bankruptcy from the Korea Deposit Insurance Corporation (hereinafter “C”) and took overall charge of the management as the director and the president of the C Co., Ltd. (hereinafter “C”) on February 7, 1996, and was the spouse of the deceased B (the deceased on December 4, 2003; hereinafter “the deceased”) who resigned from the president on February 7, 1996 and succeeded to the deceased’s property on behalf of the deceased upon the death of D before the deceased. On January 12, 2005, the Defendant reported the qualified acceptance (Seoul Family Court Decision 2005Ra306) on February 16, 2005, and received the adjudication on the acceptance of the report.

B. C’s false financial statements disclosure 1) In the fiscal year of 1993, C prepared a false financial statement of the amount of capital 188 billion won and the net loss amount before the corporate tax deduction 40.5 billion won in excess of the amount of capital and the amount of sales and the amount of sales and the amount of sales and the amount of sales and the amount of sales and the amount of construction loss, which led to the excessive appropriation of the total amount of capital 188 billion won and the amount of net income before the corporate tax deduction 17.8 billion won, and announced it at the Seoul Economic Examination on March 26, 1994 through the resolution of the external audit and the general meeting of shareholders. (2) At the time, C’s financial interest amounted to KRW 10 billion per annum, and E, the representative director of the company, who was the executive director of the financial branch, was unable to manage the company, ordered FF to make the above financial statement again by direction to the head of the accounting division and the Deputy Accounting Director, and the deceased’s chairman also prepared the above false financial statement.

3 C, as above, suffered loss to financial institutions due to the failure to pay the company bonds and loans by subrogation under the payment guarantee by the financial institutions trusted in the false financial statements. On April 194, 1994, the Daedong Bank issued corporate bonds worth KRW 15 billion.

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