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(영문) 광주지방법원 2014.05.22 2013가단66497
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On March 15, 1973, the parties-related D Association (hereinafter referred to as the "D") was established with a view to contributing to improving the welfare of its members by providing its members with financial services. However, due to poor operation, the Gwangju District Court was declared bankrupt on October 9, 199.

From May 14, 1984 to October 1997, E, the representative director of the Plaintiff, worked as D’s managing director, as D’s managing director, as D’s managing director until April 30, 1999, and as a working-level officer executing D’s business.

Plaintiff

A corporation is an agricultural partnership established on April 25, 1994 on the basis of the Act on the Special Measures for the Development of Agricultural and Fishing Villages (amended by Act No. 4818, Dec. 22, 1994) for the rationalization of livestock management, improvement of livestock productivity, and increase of members' income.

At the time of establishment, Defendant C was appointed as representative director and director, but E was appointed as representative director on February 27, 1995, and thereafter, Plaintiff C was actually operated by E.

D On June 8, 199, the FF Agricultural Partnership was established for the purpose of securing and preserving D's claims against the Plaintiff's property, etc. established with D's funds.

On the other hand, the plaintiff corporation decided to order E at the general meeting held on October 13, 2005, and decided to appoint the defendant C as the representative director. However, on January 11, 2007, the Gwangju District Court 2005Gahap10403 decided to confirm the absence of each of the above resolutions. The appeal was withdrawn on September 15, 2007 in the Gwangju High Court 2007Na773 case, which is the appellate court.

D The Plaintiff intended to obtain a loan of KRW 1.8 billion from D in order to purchase the farm site. To this end, the Plaintiff consulted with D in order to obtain a loan of KRW 180 million each by lending 18 persons, and obtained a loan of KRW 100 million each in the name of G, H, I, I, J, K, L, M, M, P, P, Q, Q, S, T, U, V, W, and Defendant C.

E is W on December 28, 1995 and Defendant C, and is not X-gun of Jeonnam-gun owned by the Defendant C.

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