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(영문) 서울중앙지방법원 2014.07.24 2013가단5101183
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. B bank, however, was unable to carry out real estate development projects, etc. under the Mutual Savings Banks Act, around 2007, decided to indirectly establish and operate D company by mobilization of the next-name shareholder for the purpose of carrying on the business of constructing and selling apartment buildings in the 1st century, and introduced the defendant to lend the name of the shareholder through a separate consulting company.

B. On April 29, 2007, B Bank entered into a credit transaction agreement with the Defendant to lend KRW 90 million to the Defendant (hereinafter “the instant credit agreement”), and deposited the loan in the deposit account under the Defendant’s name, but withdrawn the loan by using the withdrawal request with the Defendant’s prior signature and seal affixed thereon, and used it to take over the D’s shares in the Defendant’s name.

C. After that, without the defendant's involvement, B Bank has handled business affairs such as monthly interest payment and extension of maturity of the above loan. The defendant was registered as an executive officer in the form of D (State) and received KRW 1 million in monthly pay, and only the defendant has the role of formally signing and sealing documents that require approval.

In addition, on February 19, 201, B Bank was decided to suspend its business on February 19, 201, and around that time, the payment of wages to the defendant and the payment of interest on the above loans was suspended.

B Bank filed an application for provisional disposition of the prohibition of disposal of shares with the right to preserve the right to request the transfer of shares and the right to request the issuance of share certificates with respect to the defendant, as if the next shareholders were to exercise their rights as beneficial shareholders by making management to be tried in breach of trust, etc., and the next shareholders were to file an application for provisional disposition citing the application on September 30, 201.

(Yiyang District Court 201Kadan4018 case). e.

On the other hand, on November 22, 201, the Financial Services Commission made a decision for transfer of all assets and liabilities of a bank to the Plaintiff on the following daily newspapers, such as E and F.

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