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(영문) 서울중앙지방법원 2014.09.05 2013가합525309
손해배상(기)
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. Basic facts

A. On August 16, 2012, Busan Savings Bank Co., Ltd. (hereinafter “ Busan Savings Bank”) was declared bankrupt on August 16, 2012 by Busan District Court No. 2012Hahap4, and currently bankruptcy proceedings are underway, and the Plaintiff is a person appointed as a trustee in bankruptcy of Busan Savings Bank.

B. A limited liability company C (hereinafter “C”) was established on June 22, 2007 with Defendant B and D as its members.

C was granted loans from the Busan Savings Bank in the amount of KRW 1,400,000,000 on April 8, 2009, and KRW 400,000 on July 9, 2010, and the aggregate of loans for each of the above loans as of February 27, 2013 is KRW 1,426,09,313.

(hereinafter “instant loan”). C.

Defendant B was registered as C’s director from June 22, 2007 (the representative director from June 22, 2007 to January 29, 2008), and Defendant A as the representative director of the said company from January 29, 2008.

The sum of the benefits that Defendant A received from Defendant A during the period from July 1, 2007 to March 31, 201 is KRW 106,174,00, and the aggregate of the benefits that Defendant B received from the said company from July 1, 2007 to December 31, 201 is KRW 52,850,00.

E. At present, C is in insolvent such as bearing a loan obligation of approximately KRW 2.8 billion to the former Savings Bank in addition to approximately KRW 1.4 billion in total of the instant loan obligations.

[Identification Evidence] Unsatisfyed Facts, Gap evidence 1 to Gap evidence 3-4, results of each order to submit taxation information about marinas, the purport of the whole pleadings

2. The Defendants asserted by the Plaintiff merely lent only the name of C’s representative director and director, and received money from the said company as wages, although they did not provide labor for the said company.

Therefore, the defendants are liable to compensate for damages under Article 399 of the Commercial Act for the determination of payment of benefits to C by a resolution of the board of directors. Therefore, the defendants are liable to pay damages equivalent to the amount of benefits to the plaintiffs subrogated to the above company as a creditor of C.

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