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(영문) 서울중앙지방법원 2014.07.03 2013가합530479
손해배상(기)
Text

1. The Defendant’s KRW 500,000,000 as well as the annual rate of 5% from February 13, 2014 to July 3, 2014, and the next day.

Reasons

1. Facts of recognition;

A. The status of the parties 1) A Bank Co., Ltd. (hereinafter “A Bank”);

(2) A bank was declared bankrupt on April 30, 201, by Seoul Central District Court 201Hahap46, and the Plaintiff was appointed as a trustee in bankruptcy of A bank. 2) The Defendant served as the head office, branch office, etc. of A bank from July 1, 2008 to May 15, 201, and entered into a management and remuneration contract with A bank (hereinafter “instant management and remuneration contract”) on May 16, 201, and served as the head office (director treatment) from May 16, 201 to August 6, 2012.

B. A Bank’s loan to the original telecom, 1) A Bank and the original telecom, Inc. (hereinafter “original telecom”).

(A) On September 16, 2011, A Bank provides a loan to its original Telecom with a limit of 6.5 billion won, the maturity date of March 16, 2012, interest rate of 0.5% per annum, and interest rate of 25% per annum (hereinafter “instant loan”).

(2) At the time of the conclusion of the instant loan contract, C jointly and severally and severally agreed to secure the principal and interest of the loans to the original bank on July 16, 2012, and on March 28, 2012, the due date of the said loan contract was changed to April 16, 2012. On April 26, 2012, C concluded an additional agreement to change the credit limit amount to KRW 6 billion, and the due date was changed to July 16, 2012, respectively. (2) At the time of the conclusion of the instant loan contract, C jointly and severally and severally agreed to secure the principal and interest of the loans to the original bank, and the right to benefit of KRW 8,450,000,000 on land and on land owned by A bank, KRW 8,450,000,000,000,000,000 won, which are owned by E, respectively.

3) On the date of entering into the instant loan agreement, A Bank deposited KRW 6.472,00,000 after deducting KRW 3,9275,000,000 from loans at KRW 6.5 billion. (c) The Defendant’s status and role in the instant loan process is from G, the chairperson of A Bank, on September 201.

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