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(영문) 부산지방법원 2016.04.28 2014가합41356

손해배상 등

Text

1. The plaintiffs' primary claim and conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The status of the parties and the payment of wages to Defendant D and E 1) A Co., Ltd. (hereinafter “A”).

(B) On August 16, 2012, the Plaintiff was declared bankrupt by Busan District Court 2012Hahap4, and the Plaintiff Company B (hereinafter “B”), and the said two banks together are “each of the instant banks”.

On March 17, 2012, the Korea Deposit Insurance Corporation was declared bankrupt by Busan District Court 201Hahap1, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy of each of the above banks. 2) The F to which each of the banks of this case belongs was established as a large number of special purpose corporations in order to avoid the restrictions of the Mutual Savings Banks Act, made loans to the said special purpose corporations, and operated its business using them.

In addition, in order to avoid the prohibition of concurrent operation for the officers and employees of financial institutions, they were registered as shareholders or executives of the special purpose corporations in the form of the above special purpose corporations by lending the names of the officers and employees.

G Development Co., Ltd. (hereinafter “G development”) and H (hereinafter “H”) Co., Ltd. (hereinafter “H”) together with the above two companies are part of the above special purpose corporations established by the foregoing method.

3) Defendant D was the partner of Defendant C, who is an employee of F, and was appointed as G Development’s auditor on May 30, 2003. G development was paid to Defendant D totaling KRW 96,90,000 as the salary for the period of time appointed as an auditor. In addition, Defendant E was appointed as the wife of Defendant C on July 23, 2003, and H paid KRW 90,200,000 in total as the salary for the period of time appointed as the director for Defendant E (hereinafter “each of the instant salaries”). In addition, Defendant D and E received each of the said salaries from Defendant D and E, respectively, “each of the instant remunerations”

B) As of October 29, 2013, G development and H’s obligations to each of the instant banks, as of October 29, 2013, G development bears the principal and interest of KRW 13,197,379,07 for A, plus the principal and interest of KRW 7,223,594,106 for B.