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(영문) 서울고등법원 2017.05.26 2014나11491
전부금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant (1) 4,527,618,836 won and this shall apply to the plaintiff.

Reasons

1. Facts recognized;

A. The Plaintiff bank is a creditor of the entire amount of deposit claims regarding the instant account.

(2) On September 1, 2015, before the merger that was the defendant of the first instance court, a single bank was merged with the Korea Exchange Bank on September 1, 2015, which was in the process of the trial by this court and became the defendant bank.

(B) A entered around October 30, 1978 to February 2009, the head of the re-election team division, and the head of the re-election team division around March 2009 to July 7, 2009, and was in charge of A's business of raising and withdrawing funds.

On the other hand, F entered A around December 16, 191 and was in charge of the duties of raising and raising funds from A from February 19, 2002 to February 19, 2009. From March 1, 2009 to February 19, F was in charge of the duties of raising and raising funds.

(4) Around 1983, D entered the Seoul Trust Bank. Around December 2002, Seoul Trust Bank was merged into the Defendant Bank and became an employee of the Defendant Bank.

D around March 8, 2004 to August 2006, the Defendant Bank was the Vice-President of the AR Branch of the Defendant Bank, and around September 2006 to February 2009, the Defendant Bank was the Vice-President of the C Branch of the Defendant Bank, respectively, and the Defendant Bank took overall charge of corporate credit affairs such as corporate loans and receipts of the relevant branch.

B. A’s deposit transaction (1) On November 1, 2000, A had been decided to commence the rehabilitation procedure after having been declared bankrupt on May 11, 2001, and had been decided to commence the rehabilitation procedure on January 9, 2007 by Seoul Central District Court 2006hap16, and the rehabilitation procedure was completed on March 25, 2008.

A was decided to commence the rehabilitation procedure again on August 25, 2014 by Seoul Central District Court 2014hap146.

(2) After the declaration of bankruptcy, A cannot be issued a warranty bond by the Construction Mutual Aid Association only with respect to the construction works it has ordered.

Accordingly, A has a considerable amount of money to the warranty bond (A has been classified as unused funds) in financial institutions such as the defendant bank.

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