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(영문) 서울중앙지방법원 2017.04.21 2015가합24565
양수금
Text

1. The Defendants each of the KRW 480,000,000 to the Plaintiff and 20% per annum from October 13, 2003 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From November 13, 1953 to October 10, 1998, Nonparty F (hereinafter “the deceased”) was the honorary chairperson of H Group G, etc. (hereinafter “H Group”); Nonparty E was the chairperson of H Group from March 21, 1992 to October 10, 1998; Nonparty I was the auditor of H Group from March 18, 1994 to March 22, 196; Nonparty J was the director in charge of managing H Group from March 18, 1994 to March 18, 198; Nonparty C was the director in charge of managing the H Group from March 18, 1994 to March 18, 1998 to the representative director in charge of managing the H Group from March 24, 1995 to the date of October 31, 195 to the date of October 31, 198, respectively.

(hereinafter referred to as the above deceased, E, I, J, K, and L. (hereinafter referred to as “six persons, etc.”)

The Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) established a false financial statement for the fiscal year 1994 of H group by six persons, including the deceased, etc., and prepared a false financial statement for the fiscal year 1995, and used it to obtain a loan from M in the name of H group as stated in the “amount of damages” in the name of H group, or made M in receiving a loan from another financial institution, thereby allowing M in the Seoul Central District Court to guarantee the payment of the loan. Thus, the Seoul Central District Court claimed compensation for damages under Article 401, Article 414(2) and (3) of the Commercial Act.

C. On May 10, 2005, the Seoul Central District Court accepted the claim of the Korea Deposit Insurance Corporation on May 10, 2005, and sentenced the judgment that "six persons, including the deceased, jointly and severally, pay the amount of KRW 2.4 billion per annum from October 13, 2003 to the date of complete payment" (No. 2003 Gohap58121), and the judgment on June 8, 2005 became final and conclusive.

The Korea Deposit Insurance Corporation against the Plaintiff on May 25, 2012 as to six persons, including the Deceased.

The claim described in the subsection was transferred.

E. The Deceased died on August 2, 2014, and the Defendants inherited 1/5 of the Deceased’s property.

(f) Defendant A, or .

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