부당이득금반환 등
1. Defendant D’s KRW 23,932,50 as well as 5% per annum from July 1, 2011 to September 3, 2013, respectively, to the Plaintiff.
Basic Facts
On August 16, 2012, A was declared bankrupt by the Busan District Court 2012Hahap4, and the bankruptcy procedure is in progress (hereinafter “Bankruptcy Bank”), and the Plaintiff was appointed as the trustee in bankruptcy of the above Savings Bank.
In order to directly operate the enforcement project or to obtain a loan for the implementation project by borrowing the name of the branch through the officers and employees of the above savings bank, the president E, representative directorF, etc. of the bankrupt savings bank established a special purpose corporation by registering as stockholders or executives of the next-name director, next-name stockholders, etc. in the form of a special purpose corporation (the bankrupt savings bank established by the bankrupt bank on the ground of the next-name director, next-name stockholders, etc. in order to directly operate the enforcement project or to obtain a loan for the implementation project by avoiding the restrictions on non-execution project under the Mutual Savings Banks Act; hereinafter “special purpose corporation”),
Non-party Company G, one of the special purpose corporations established by the Savings Bank (hereinafter referred to as “non-party company”) was to receive 11 loans from the Savings Bank during the period from January 14, 2009 to June 1, 2010. As of April 30, 2013, the remaining debt amount is KRW 45,156,495,118.
Defendant B was registered as a director of each non-party company’s corporate register from March 10, 2006 to February 7, 201, and from February 7, 201 to November 21, 2012.
On the other hand, Defendant B and C respectively hold 500 shares out of the total number of shares issued by Nonparty Company 1,000.
Defendant B received KRW 64,450,00 in total from March 2006 to February 2, 201; KRW 12,858,370 in total from February 201 to June 201; and Defendant D received KRW 23,932,50 in total from Nonparty Company as benefits, respectively.
The non-party company is currently insolvent.
[Ground of recognition] Facts without dispute, and evidence Nos. 1 through 7 are numbered.