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(영문) 부산지방법원 2015.02.06 2014나15771

채무부존재확인

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The B Bank Group Group established a special purpose corporation of the B Bank Group, and the management B Bank Group established a special purpose corporation (Speci Pose Company, SPC) and carried out real estate implementation projects directly. The B Bank Group has neglected the management of the special purpose corporation through the next nominal shareholder, and the executives and employees of the B Bank Group directly managed major documents, such as the seal impression and passbook of each special purpose corporation.

G operated a consulting company called F (hereinafter referred to as “F”) at the request of the B Bank Group, and entered F’s officers and employees or their names as shareholders, officers, etc. of the said special purpose corporation, and established and managed the said special purpose corporation by obtaining a loan from the bank affiliated with the B Bank Group.

B. The Plaintiff’s status and the conclusion of a loan contract 1) The Plaintiff is a limited liability company D (hereinafter “D”) with a special purpose company, which was established and operated by the B Bank Group around March 17, 2006 for the development of H apartment complex around the race-si.

(2) On November 29, 2007, the Plaintiff entered personal information in a credit transaction agreement (hereinafter “instant loan agreement”) with B bank and signed and sealed it.

On the other hand, B Bank deposited KRW 87 million on the day to the account under the name of the Plaintiff.

C. On February 19, 2011, a bank affiliated with the B Bank Group Group of the Defendant was subject to business suspension. On August 26, 2011, the Financial Services Commission decided to transfer part of its assets and liabilities to the Defendant under Article 14(2) of the Act on the Structural Improvement of the Financial Industry. Accordingly, the Plaintiff’s obligations against B Bank were transferred to the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1 through 6, 4, 5, Eul evidence 1 to 3, Eul evidence 4-1 to 4, Eul evidence 6-1, Eul evidence 6-1, witness C of the court of first instance, and the purport of whole pleadings.