부당이득금반환
1. Of the judgment of the court of first instance, the part against the plaintiff falling under the part against the defendant C ordering payment below.
1. The facts subsequent to the facts of recognition do not conflict between the parties, or are recognized by the respective descriptions of Gap evidence Nos. 1 to 5, 7, Eul evidence No. 8 (including each number), and the purport of Gap’s testimony and the entire pleadings.
A. On September 2003, G established the F Co., Ltd. F (hereinafter “F”) for an apartment execution project. At the time of its establishment, G and its wife H, father I, and each 25% shares are held, respectively, at the time of its establishment. However, G borrowed from the name of another person and substantial shareholders were G.
B. From February 6, 2004 to October 29, 2009, G obtained a total of KRW 40.2 billion from A Savings Bank (hereinafter “A Savings Bank”), and as of January 28, 2013, G had a total of KRW 19.2 billion loan obligation.
C. A Savings Bank, while making a loan to F, acquired 50% of the F’s shares in the name of the relatives and employees of A Savings Bank in order to recover the loan, and appointed a person designated by A Savings Bank as F’s director, joint representative director, and auditor.
In addition, F had F entrust the management of the corporate passbook such as the loan account and the seal imprint to the A Savings Bank.
The Defendants, as a borrowed-name shareholder of the Bank of Korea, held 25% of the F’s shares in their own name.
In addition, even in the F’s corporate register, Defendant B was appointed as director and joint representative director on March 21, 2005, and Defendant C was registered as an auditor from September 12, 2005 to March 31, 2008.
E. From April 6, 2005 to January 24, 2011, during the period when Defendant B was registered as the director and the representative director of the F, the sum of KRW 169 million was transferred from the F’s account managed by A Savings Bank to the A Savings Bank account in the name of Defendant B to KRW 1.5 million per month. Defendant C’s account from June 5, 2006 to December 30, 201, which was managed by A Savings Bank from June 30, 2006 to December 30, 201.