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(영문) 서울고등법원 2014.11.24 2014나2024073
부당이득금
Text

1. Revocation of the first instance judgment.

2. The Plaintiff:

A. Defendant B is from August 23, 2013 to KRW 112,29,700 and this.

Reasons

Basic Facts

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 the bankruptcy procedure is in progress.

The plaintiff was appointed as a trustee in bankruptcy on the same day.

The H and the representative director, who was the president of A, were the president of the Mutual Savings Banks Act, established a special purpose corporation by lending the names of the officers and employees' family members or branch members in the form of shareholders or executives in order to implement the business or obtain a loan necessary therefor by avoiding the restrictions on Mutual Savings Banks Act, and made a loan to the special purpose corporation and through this, the development project of real estate, golf course

The J Co., Ltd. (hereinafter referred to as the “J”) is one of the special-purpose corporations established by this method.

In the register of J, (1) from March 2008 to March 2013, 201, Defendant B was registered as the representative director and directors, and in-house directors (However, from January 26, 201 to September 201, 201, the decision of provisional disposition suspending the performance of duties was rendered); (2) from November 2009 to November 201, Defendant C was registered as the director; (3) from January 2006 to January 201, 201, Defendant D was registered as the director; (4) from January 2006 to March 201, 206 to March 201, 206 to the director; and (5) from January 2006 to March 201 to March 201, 206 to the auditor.

The J recorded the Defendants as the representative director, director, or auditor, and the Defendants paid the sum of KRW 112,29,700 from March 2008 to March 3, 2011, ② Defendant C paid the sum of KRW 18,528,970 from December 2009 to April 201, ③ Defendant D paid the sum of KRW 70,259,580 from January 2006 to March 201; ④ Defendant E paid the sum of KRW 131,425,894 from January 2006 to March 3, 201; ⑤ Defendant F paid the sum of KRW 45,364,872 from January 206 to March 3, 201 (hereinafter “each of the instant benefits”).

J as of April 22, 2013, KRW 25,170,517,180 for A and its delay damages.

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