beta
(영문) 서울중앙지방법원 2015.02.12 2013가합523457

손해배상청구의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

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

(2) On August 31, 2012, the Plaintiff was declared bankrupt by Suwon District Court 2012Hahap23, and the Plaintiff was appointed as a trustee in bankruptcy of the A Savings Bank. 2) B was the major shareholder and representative director of the A Savings Bank.

B established a Co., Ltd. C (hereinafter referred to as “C”) at the end of December 2009, and acquired C’s shares in its own name and family members, and became substantially one shareholder of C.

3) 피고(2011. 7. 22. 상호를 ‘굿웰스컨설팅 주식회사’에서 현재와 같이 변경하였다.

"Defendant" in total before and after the change of trade name below.

A) The purpose of this Act is to provide financial consulting services. C is one shareholder who has acquired all the shares issued by the Defendant. B. A savings bank’s executive officers and employees, including B, were charged with violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) as Seoul Central District Court 201 Gohap1341.

Of the facts charged, the part relating to this case is as follows.

In other words, around July 2006, “B” agreed to transfer 50% of the E Co., Ltd. (F Co., Ltd.) (hereinafter “E”), a representative director of the E Co., Ltd. (hereinafter “F Co., Ltd.”) who is promoting the business of constructing a golf course under the name of “D consortium”, as the representative director of the E Co., Ltd. (hereinafter “E”) and substantially held 100% of the company’s shares (hereinafter “E”), and instead of lending funds necessary for the construction of a golf course from A Savings Bank to E, 50% of the shares of E were transferred to B.

Around that time, B received 50% of E’s equity interest in the name of Ha and Ha, and around May 2010, B acquired 50% of the remainder of E’s equity interest from G in the name of K and L in the name of the general architect office, K and L operated by J, a branch of B.

After that, B, under the pretext of land purchase funds and operating funds for E, shall be KRW 3 billion on August 31, 2007, KRW 2 billion on February 15, 2008, as well as KRW 2 billion on February 15, 2008.