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(영문) 서울중앙지방법원 2017.12.22 2016가단5092464
손해배상(기)
Text

1. The Defendants jointly share KRW 32,075,414 with respect to the Plaintiff and the period from March 28, 2015 to December 22, 2017.

Reasons

1. Basic facts

A. On February 25, 2014, the Plaintiff entered into an individual bankruptcy authorization agreement (hereinafter “instant delegation agreement”) with Defendant B Law Firm (hereinafter “Defendant B”), and accepted Defendant D’s attorney-at-law, who is a member attorney of Defendant B as the attorney-at-law, and Defendant E accepted the Plaintiff’s bankruptcy application with Defendant D’s instructions on March 21, 2014.

(Plaintiff paid 2 million won to Defendant E’s personal account on February 25, 2014. (B)

Defendant D withdrawn from Defendant B on March 27, 2014, and took office on April 11, 2014 by establishing and taking office as a representative of Defendant C (hereinafter “Defendant C”). Defendant D also continued to deal with the Plaintiff’s bankruptcy case upon receiving the direction of Defendant D from Defendant C as the administrator of the bankruptcy affairs.

C. Defendant E, in preparing the list of creditors of the application for bankruptcy against the Plaintiff, omitted on February 25, 2014, the creditors, who are creditors specified in the Credit Certification Forwarding Details Inquiry Council, through the Certified Judicial Scriveners F Office. D.

On October 31, 2014, the Seoul Central District Court rendered a decision to exempt the Plaintiff from liability by 2014Da2938, which became final and conclusive around that time.

E. On February 3, 2015, the Plaintiff opened an account with a national bank, and deposited KRW 3,045,000 on the same day, and KRW 43 million on March 16, 2015, respectively.

F. Around March 17, 2015, a national bank sent a content-certified mail containing the intent of offset to the Plaintiff. On March 27, 2015, on March 20, 2015, a national bank issued a loan transaction agreement with the Plaintiff (principal KRW 4,097,470, provisional payment KRW 214,690) and a bond under a loan transaction agreement with the Plaintiff on August 10, 2010 (principal KRW 2,5 million, interest KRW 2,486,010, interim interest KRW 14,023,850) against all of the deposit claims against the Plaintiff by offsetting all the deposit claims with the Plaintiff on March 27, 2015.

The Plaintiff’s obligation to the National Bank is.

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