부당이득금 반환의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On October 15, 2014, the Defendant Company (C) filed an application for commencement of rehabilitation procedures with the Seoul Rehabilitation Court 2014 Gohap177, and at the same time, D, the representative director of the Defendant at the time, was appointed as a custodian on April 27, 2017. On February 27, 2015, the rehabilitation plan approval order for rehabilitation plan was issued on January 12, 2018, and the rehabilitation procedure was completed on February 14, 2018, upon which each decision to grant authorization for rehabilitation plan was rendered.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. From February 12, 2015 to November 10, 2016, the Plaintiff claimed that the Defendant Company loaned KRW 569,400,000 in total to the Defendant Company by means of cash payment or remitting the amount to the Defendant Company’s account as set forth in the following table at the request of D, which was the manager of the Defendant Company, or by means of transfer to the Defendant Company’s account or G bank account, after the commencement of rehabilitation procedures with respect to the Defendant Company. D used the amount borrowed from the Plaintiff as above for the Defendant Company, such as the payment of employee’s wages, taxes, and the payment of commercial transaction obligations.
On February 12, 2015, F (New Bank) of 230,000,000 cash and cashier’s checks of 30,000,000 on April 29, 2015, and 40,000 G (Korea Bank) on July 30, 2015, December 21, 2015, 30,000 cash of 5,000 and 60,000,000 on March 22, 2016, the act of borrowing 60,000,000 F (New Bank) of 60,000,000,000 shall be deemed null and void without obtaining permission from the court (Korean Bank), and the act of borrowing 0,000,000,000 F (Korean Bank) shall be deemed null and void under the Debtor Rehabilitation Act (Law No. 1010, Oct. 10, 106, 2016).