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(영문) 서울중앙지방법원 2016.09.21 2016가단39482
구상금
Text

1. The Defendant’s KRW 50,256,165 as well as 5% per annum from April 1, 2015 to May 3, 2016 to the Plaintiff.

Reasons

1. On March 13, 2014, the bankrupt corporation (hereinafter referred to as “trustee”) was declared bankrupt on January 23, 2015, on the grounds that (i) the filing of an application for rehabilitation procedures was filed by the Seoul Central District Court 2014hap56 on March 13, 2014, but the liquidation value was higher than the continuous business value; (ii) the bankrupt was declared bankrupt on February 27, 2015; and (iii) the Plaintiff was appointed as the bankruptcy trustee.

From September 10, 2008 to March 31, 2015, the defendant served as the bankrupt team C.

B. On August 19, 2013, the Defendant: (a) opened a passbook with Han Bank Co., Ltd. (hereinafter “I Bank”); (b) borrowed KRW 100 million; and (c) on the same day, the bankrupt provided the above loan obligations as security by setting up a pledge on the time deposit of the bankrupt.

On May 12, 2014, Han Bank executed the above pledge and appropriated the principal and interest of the Defendant’s debt in KRW 79,520,587 on the ground that the Defendant did not repay the obligation of the loan.

Applicant The Defendant repaid KRW 2,400,00 out of the above debt amount of KRW 79,520,587, and offseted KRW 26,864,42 by the unpaid wage and retirement allowance of KRW 26,864,42, and confirmed the balance of KRW 50,256,165 on May 2015.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4 (including virtual number), and the purport of whole pleadings

2. Determination

A. Thus, the defendant is liable to pay the above 50,256,165 won and damages for delay to the plaintiff, unless there are special circumstances to the plaintiff.

B. On September 13, 2013, the defendant deposited KRW 49,965,946 to the bankrupt on September 13, 2013. This does not decrease the amount of deposit pledge even if the above loan was repaid to a single bank, but includes loyalty to the company since the bankrupt's acquisition of the right of management was in progress, and further remitted directly to the bankrupt in response to the exercise of the right of prior reimbursement by the trustee guarantor.

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