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(영문) 부산지방법원 2014.01.08 2013가합45870

부당이득금

Text

1. Defendant C’s KRW 65,348,610 as well as 5% per annum from July 31, 2013 to January 8, 2014.

Reasons

1. The facts following the facts are deemed to have been led by the above defendant pursuant to Article 150 of the Civil Procedure Act among the plaintiff and the defendant C, and there is no dispute between the plaintiff, the defendant B, D, and E, or the whole purport of the arguments as a whole. A.

A (hereinafter “A”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the Plaintiff was appointed from the above court as a trustee in bankruptcy on the same day.

B. F, G, etc., a management of A, established or acquired a special purpose corporation (A refers to a company that directly operates an implementation project, etc. or is founded or acquired on the basis of borrowed-name shareholders, borrowed-name directors, etc. in order to obtain a loan necessary for the aforementioned project by avoiding restrictions under the Mutual Savings Banks Act; hereinafter referred to as “SPC”) by borrowing the names of those persons, such as their family members, etc., through executives and employees of A and related companies, and registering them as stockholders or executives in the form thereof, and operated real estate or golf course development project, etc. through lending to SPC.

C. H, one of the several SPCs established by A (hereinafter “H”) obtained loans from A several times (hereinafter “the instant loans”). The remainder of the base loans on May 7, 2013 reaches KRW 32,604,307,026.

Upon the recommendation of A or executives and employees of the relevant company, Defendant B and C are directors and auditors of H from August 8, 2007; Defendant D were directors of the said company from February 26, 2007; Defendant E was registered as the representative director of the said company from August 8, 2007 to the representative director of the said company.

E. While Defendant B and C received the amount of KRW 65,348,610 as salary for the period registered on the certificate of registered matters as H’s executive officers, Defendant D received KRW 71,316,520 as salary, and Defendant E received KRW 87,056,620 from each of the above companies.

F. On the other hand, H on March 31, 201, the total debt as of March 31, 201 exceeds 29.67,90 billion total assets.