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(영문) 서울고등법원 2016.06.10 2015나2048595

부당이득금

Text

1. The judgment of the first instance court, including any claims modified or added in the trial, shall be modified as follows:

The plaintiff.

Reasons

1. Facts of recognition;

A. On August 16, 2012, A Co., Ltd. (hereinafter “A”) is under bankruptcy proceedings after having been declared bankrupt by Busan District Court 2012Hau4.

The plaintiff is a trustee in bankruptcy of A.

B. The A president G and the representative director H et al. (hereinafter “A management”) established a special purpose corporation (SPC) by registering his/her family members or branch members as shareholders or executives in the form of an executive officer or employee, with the intent to legally and legally implement the business or obtain a loan necessary for such business activities.

Since then, A management made A a loan to a special purpose corporation, and made a development project of real estate, golf course, etc. through the said corporation.

D Co., Ltd. (formerly “I”; hereinafter “D”) is a special purpose corporation established by such a method.

C. E Co., Ltd. (hereinafter “E”) took charge of accounting of a special purpose corporation.

F Recommendation as the representative director of E, Defendant B was listed as D’s director from March 26, 2009 to May 16, 201, and Defendant C as D’s auditor from March 6, 2006 to July 20, 201, respectively.

According to F's request, the Defendants were registered as shareholders in the form of D's register from 2006 to 2012. D.

D asserts that Defendant B received total of KRW 25,040,638 from April 2009 to June 201, 201, and that “Defendant B received total of KRW 250,406,380 during the above period,” but there is no other evidence to prove otherwise.

Defendant C paid the sum of KRW 69,670,000 from March 2006 to March 201, 201 as wages, etc.

(hereinafter “each of the instant remunerations”) e.

D A extended a total of KRW 15.95 billion from December 20, 2004 to July 7, 2010, as a result of a loan of KRW 20,88,525,544 as of April 19, 2013, but is currently insolvent.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 6, 8, 9, 11.