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(영문) 서울중앙지방법원 2014.06.26 2013가합532369

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 16, 2012, A Co., Ltd. (hereinafter “A”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and is currently in bankruptcy proceeding.

The plaintiff was appointed as a trustee in bankruptcy of A.

B. H and I, who was the president of the Mutual Savings Banks Act, were the representative director, etc., established a special purpose corporation by lending the name of an officer or employee's family or a person who borrowed the name of an officer or employee to implement the project or obtain a loan necessary therefor, and subsequently making a loan to a special purpose corporation and by registering it as a stockholder or officer.

The J Co., Ltd. (hereinafter referred to as the “J”) is one of the special-purpose corporations established by this method.

C. In the corporate register of J, Defendant B was the representative director from March 2008 to March 2013 (However, from September 26, 201 to September 201, 201, Defendant C was subject to a provisional disposition suspending the performance of duties as a branch of the Gwangju District Court branch of the Gwangju District Court; Defendant C was a director from November 2009 to November 201, 201; Defendant D was the director from January 2006 to January 201, 206 to the director; Defendant E from January 2006 to March 201, 201 to the director; and Defendant F was each registered as an auditor from January 2006 to March 201 to March 201.

The J, after the Defendants were registered as the representative director, director, or auditor, paid to Defendant B a total of KRW 112,29,700 from March 2008 to March 3, 201; KRW 18,528,970 in total from December 2009 to April 201; KRW 70,259,580 in total from January 2006 to March 3, 201; and KRW 131,425,894 in total from January 2006 to March 201 to Defendant E; and KRW 4,364,872 in total from January 3, 2006 to March 201.

E. The J bears a loan obligation against A and is currently insolvent.

[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, 10 (including paper numbers; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Defendants B, C, D, and E.