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(영문) 부산지방법원 2013.12.04 2013가합43751
부당이득금반환청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the whole purport of the pleadings in Gap evidence Nos. 1, 2, 4, 9, 10, evidence Nos. 3-1 through 5, evidence Nos. 5, 6, 7, 8-1, 2, and evidence Nos. 11-1 through 15.

On August 16, 2012, A Co., Ltd. (hereinafter referred to as “A”) was declared bankrupt by Busan District Court 2012Hahap4 on August 16, 2012 and currently bankruptcy proceedings are underway. The Plaintiff is a person appointed by the above court as a bankruptcy trustee of A on the same day.

B. E, F, etc., a management of A, established a special purpose corporation (A refers to a company established by reason of borrowed shareholders, borrowed directors, etc. in order to directly operate the implementation business or to obtain loans necessary for the implementation business by avoiding restrictions under the Mutual Savings Banks Act; hereinafter “SPC”) by borrowing the names of those persons, such as their families, through executives and employees A, and registering them as stockholders or executives in the form of such persons, and operated a development project, such as real estate or golf courses, by borrowing loans to SPC.

C. G Co., Ltd., one of the several SPCs established A (hereinafter “G”), obtained a loan from A several times. The remaining loans and damages for delay as of May 3, 2013 for each of the above loans are as indicated below in the following “the balance of loans” and “the delay damages”.

(1) The loan of 2,11.2,194,154,643,642,40,000,000,009, 99, 771, 5243, 208, 196, 194, 194, 643, 962,06, 568, 208, 194, 208, 31, 206, 306, 5243, 208, 208, 204, 206, 30, 194, 200, 205, 206, 30, 106, 310, 300, 5243, 208, 200, 1007, 58, 305, 300, 305, 300, 304, 196.

D. Defendant B-A-.

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