부당이득반환청구 등
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On September 26, 2012, the Plaintiff is a trustee in bankruptcy of the ES Savings Bank (hereinafter “ES Savings Bank”) that was declared bankrupt by the Incheon District Court on September 26, 2012, and the ES Savings Bank is a mutual savings bank under the Mutual Savings Banks Act.
B It is a person who actually controls D Co., Ltd. (hereinafter referred to as “D”) in Ilyang-dong, Busan-si, and controls the overall affairs of the said corporation.
E is a person who was the vice-chairperson of the F Saemaul Fund and was in charge of managing the funds of B, and the defendant is a wife of E.
The executives of the AS Savings Bank were in collusion with B and carried out loans for the purpose of repaying new business funds and interest on existing loans for the borrower who actually controlled B including D and borrowed the name (hereinafter “instant illegal loans”). The corporations borrowing the B’s name are so-called Scom that they do not actually engage in the business, or even if they are engaged in the business, there was little sales and capital potential.
B The criminal judgment and civil judgment with respect to B was sentenced to the judgment of the Seoul Central District Court on May 3, 201 (the judgment of partial acquittal on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the violation of the Act on External Audit of Stock Companies (Embezzlement), the violation of the Act on the Aggravated Punishment, etc. of Workers' Retirement Benefits, and the violation of the Guarantee of Workers' Retirement Benefits Act) (the judgment of partial acquittal on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), 1437, 1477 (Merger), the Seoul Central District Court 2012, 73, 93, 343, 153 (Consolidation)), and the judgment of conviction on the B.