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(영문) 부산고등법원 2015.10.29 2013나52646
부당이득금반환청구의 소
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Status 1 of the Parties A Co., Ltd. (hereinafter “A”).

(C) The term “F” means the establishment of a special purpose corporation by lending the names of the officers and employees, such as family members or branch members, and registering them as stockholders or executives in form in order to implement real estate implementation projects or to obtain a loan necessary for the implementation projects by means of having been the president, the former president, E, etc., under the restrictions of the Mutual Savings Banks Act: (a) lending to the special purpose corporation; and (b) lending real estate, golf courses, etc.; and (c) lending to

(2) Under F’s corporate register, Defendant B was respectively registered as a director from May 30, 2003, and Defendant C as an auditor from December 24, 2004.

3) Meanwhile, on August 16, 2012, A was declared bankrupt by Busan District Court 2012Hahap4, and the Plaintiff was appointed as a trustee in bankruptcy. (b) The Defendants’ payment of the money to the Defendants was recorded as a director or an auditor on the corporate register, and the Defendants’ payment was ① KRW 107,750,000 in total as shown in the attached Table 1 attached hereto, and ② Defendant C’s payment of KRW 102,750,000 in total as indicated in the attached Table 2 attached hereto (hereinafter “the instant money”).

(c) A each payment was made. (1) A’s loans and F’s insolvent, etc. (1) 14 times from April 9, 2008 to June 30, 2010, and the remaining loans as of April 18, 2013 are KRW 44,145,910,467 in total.

2) As of the closing date of the pleadings at the trial of the party, F bears the above loan obligations against A and is insolvent because there is no particular property. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 4, 8 through 11 (each entry, including the serial number, and the purport of the whole pleadings.

2. Determination as to the subrogation claim

A. Judgment on this safety defense 1) A is the defendants' assertion A.

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