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(영문) 부산지방법원 2018.10.24 2017가합41319

부당이득금

Text

1.(a)

The act of paying 810,000,000 won to Defendant B of Company I on February 17, 2015 shall be revoked.

(b).

Reasons

1. Facts of recognition;

A. 1) The parties to a contract are corporations with the purpose of credit fraternity A, credit installment savings business, receipt of deposits and installment savings, loan business, etc., and was declared bankrupt on October 21, 2014 by Busan District Court Decision 201Hahap102, and the Plaintiff was appointed as a trustee in bankruptcy (hereinafter “Plaintiff” without distinguishing between Company A and the Plaintiff before and after the bankruptcy.

2) On April 24, 2015, Co., Ltd. I (hereinafter “I”) was dissolved by a written resolution by all shareholders on April 24, 2015. The J was the representative director at the time.

3) Defendant B is the mother of J; Defendant C, H, and F are the siblings of J; Defendant D is the husband of Defendant C, and Defendant G is the husband of Defendant C, and Defendant H’s husband. Defendant E Co., Ltd. (K on May 30, 2015, changed from May 30, 201 to E.

Defendant Company (hereinafter referred to as “Defendant Company”).

(B) Defendant C is an internal director and Defendant H. (B) The Korea Asset Management Corporation shall file a lawsuit against I and J on April 8, 2013 against the Plaintiff’s I and J for the claim for the transfer amount under the Seoul Central District Court 2013Gahap514262 and pay to the Korea Asset Management Corporation the amount of KRW 16,235,619,815 and the amount of KRW 7,202,375,585 each year from March 4, 2013 to the date of full payment. < Amended by Act No. 11871, Mar. 4, 2013>

② The J shall pay 6,50,000,000 won to the Korea Asset Management Corporation jointly and severally with I as well as 25% interest per annum from May 30, 2013 to the date of full payment, with 248,853,018 won, and 142,375,585 won interest per annum from March 4, 2013 to the date of full payment, with 84,00,000 won and interest per annum 20% interest per annum from April 20, 2013 to the date of full payment. < Amended by Presidential Decree No. 24557, Jul. 9, 2013>