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(영문) 서울중앙지방법원 2013.09.25 2013가합513580

부당이득금

Text

1. Defendant D’s KRW 92,500,000 and the Plaintiff’s “paid amount” stated in attached Table 3’s claim amount table.

Reasons

1. Basic facts

A. On August 16, 2012, A Co., Ltd. (hereinafter “A”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the bankruptcy procedure is in progress. The Plaintiff is a person appointed as a bankruptcy trustee of A.

B. The E Co., Ltd. (hereinafter “E”) received loans from A, respectively, of KRW 21.6 billion on October 29, 2009, KRW 14.8 billion on June 28, 2010, and KRW 50 million on December 30, 2010. The remaining principal and interest obligations as of April 1, 2013 are as follows.

C. Defendant B’s recommendation by the F representative G in charge of accounting affairs of A’s special purpose corporation (SPC), was listed as E’s director from September 16, 2005, Defendant C’s director from December 28, 2006 to May 10, 2010, and as E’s internal director from May 10, 2010, respectively. Defendant D holds 15,000 shares of E as the borrowed-name shareholder who lent only the name at the request of the said H.

E From October 28, 2005 to January 6, 2011, Defendant B received a total of KRW 68,750,000,00 as indicated in attached Table 1 “paid amount” in attached Table 1, and Defendant C received a total of KRW 67,00,000,000 as indicated in attached Table 2 “paid amount” in attached Table 2, from February 8, 2007 to January 6, 201, and Defendant D received KRW 71 times from February 3, 2005 to January 6, 2011 as indicated in attached Table 3 “paid Amount” in attached Table 3, and each of them received a total of KRW 95,250,000,000 on July 71, 207, as indicated in the “paid Amount” column. < Amended by Presidential Decree No. 23280, Feb. 8, 2007>

E. Meanwhile, E is insolvent in addition to A, such as 48,158,889,725 won and 48,158,889,725 won and the loan principal to the I Bank and J Bank.

[Based on the recognition] Defendant B and C: A without dispute, each entry in Gap evidence Nos. 1, 2, 4, and 11 (including each number), the purport of the whole pleadings, as well as the purport of the whole pleadings: deemed confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act)

2. Determination on the defense prior to the merits

A. As to the Plaintiff’s claim for the principal and interest of interest of E as the preserved right, in subrogation of E, Defendant C borrows the form of loan.