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(영문) 부산지방법원 2013.11.12 2011가단104068
대여금
Text

1. All the claims of the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff and the Plaintiff.

Reasons

1. Basic facts

A. The Busan Savings Bank Co., Ltd. (hereinafter “Speci Pool Savings Bank”) established a special purpose corporation and carried out real estate development projects, etc. directly. The Busan Savings Bank (hereinafter “Speci Pool”) established a special purpose corporation, and directly managed the seal impression, passbook, etc. of each special purpose corporation by the following shareholders.

B. B, while operating a stock company C, mobilized the name of the land bank at the request of the Busan Savings Bank, entered them as shareholders, executives, etc. of the special purpose corporation, and established and managed a special purpose corporation by borrowing stock money from each affiliated bank of the Busan Savings Bank.

C. Defendant’s status and conclusion of credit transaction agreements, etc.) Defendant is D Co., Ltd., a special purpose company established and operated by Busan Savings Bank (hereinafter “D”).

(2) On February 18, 2010, Busan Savings Bank entered into a credit transaction agreement (hereinafter “each of the loans of this case”) with a loan of KRW 174,00,000,000, and KRW 106,000 (hereinafter “each of the loans of this case”) at interest rate of 11% per annum and deposited the above money in the account under the name of the Defendant.

3) Since September 18, 2010, each of the instant loans obligation lost the benefit of time due to the delayed payment of interest payment. D. The Plaintiff’s succeeding intervenor (mutual name was changed from the Solin Savings Bank to the ASEAN Savings Bank on July 15, 2013) acquired from the Busan Savings Bank the contract related to each of the instant loans obligation, which the Busan Savings Bank held against the Defendant, by the ruling of the Financial Services Commission pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry on November 23, 2011.

The Busan Savings Bank on August 16, 2012.

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