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(영문) 광주지방법원 2019.10.18 2018가단519217
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The E Bank lent KRW 1,00,000,000 to G Co., Ltd. (hereinafter “G”) for which the F was the representative director; KRW 810,00,000 on March 14, 2014; and KRW 500,000 on May 12, 2015; and issued a credit card in the name of G on March 24, 2014.

(hereinafter referred to as “the instant loan” or “the instant debt”. (b)

E Bank shall transfer each of the instant loans to G to the Plaintiff on May 30, 2017, and the same year.

8. 22. The notice of assignment of claims was given.

C. As of October 16, 2017, G remains 652,823,526 won of the principal and interest of February 28, 2012 (principal KRW 543,431,61,610), 223,706,921 won of the principal and interest of March 14, 2014 (principal KRW 182,250,00), 3,464,925 won of the principal and interest of May 12, 2015 (principal KRW 0), 35,63,067 won of credit card payment (principal KRW 25,767,626).

G was declared bankrupt on November 22, 2016 upon filing an application for bankruptcy with the Daegu District Court 2016Hau107.

E. Defendant C is a person who served as G auditor from March 27, 200 to March 27, 2015; Defendant D is a representative director from February 16, 2011 to March 6, 2013; and Defendant C is a person who served as an internal director from February 16, 2011 to March 27, 2015 and was serving as an auditor from March 27, 2015 to March 27, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Gap evidence 7, the purport of the whole pleadings

2. The Plaintiff’s assertion G did not reflect the deficit accumulated for several years in the account book, and did not lead to the bankruptcy while preparing and operating a false financial statement, and the bank believed that G’s financial statements are true and sustained damages that could not be repaid upon the execution of each of the instant loans.

The Defendants, who were in office as the representative director, director, and auditor of G, neglected to perform their duties in bad faith or by gross negligence, thereby causing damage to E banks by permitting or aiding the preparation of false financial statements.

As such, the Defendants are E.

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