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(영문) 부산고등법원 2015.10.29 2013나52585

부당이득금반환 등 청구의 소

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Status 1 of the Parties A Co., Ltd. (hereinafter “A”).

) The F and the representative director G, etc., who were the president, were the president, established a special purpose corporation by lending the names of the officers and employees, such as family members or branch members, and registering them as stockholders or officers in form in order to directly implement real estate implementation projects or to obtain a loan necessary for the implementation projects by avoiding restrictions on the Mutual Savings Banks Act, and subsequently, established a special purpose corporation by lending the names of its officers and employees, such as real estate or golf clubs, and developed real estate or golf clubs, through

A) One of the special purpose corporations established by the foregoing method. (2) On the corporate register of H, Defendant B was registered respectively as the representative director; (2) Defendant C was a director; (3) Defendant D was an auditor; and Defendant E was a holder of 4,950 shares (the total number of shares issued) in H’s shareholder registry.

3) Meanwhile, on August 16, 2012, A was declared bankrupt by Busan District Court 2012Hamhap4, and the Plaintiff was appointed as a trustee in bankruptcy. (b) The Defendants’ monetary payment to the Defendants is the representative director, director or auditor on the corporate register, and Defendant E’s shareholder registry; and (i) the Defendants’ total sum of the money from February 1, 2005 to January 21, 201 to KRW 157,250,000; and (ii) the Defendants’ total sum of the money from March 10, 2004 to January 21, 201 to KRW 134,104,597; and (iii) from January 31, 2005 to September 28, 2009 to KRW 150,501; and

(c) The loan of A and the insolvency of H (1) A have been executed ten times from October 5, 2002 to July 30, 2010, and the remaining loans as of March 18, 2013 are KRW 19,116,261,143 in total.

As of the closing date of the argument at the trial of the court, H bears the above loan obligation against A, and is particular.