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1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. Basic facts
A. The status of the parties, etc. 1) A Co., Ltd. (hereinafter “A”).
F) F and representative directors G, etc., who were the chairpersons of the Mutual Savings Banks, established a special purpose corporation (SPC) by lending the names of the officers and employees, such as the family members or branch members, and registering them as stockholders or officers in form in order to directly implement real estate implementation projects or to obtain a loan necessary for implementation projects by avoiding restrictions on the Mutual Savings Banks Act, and thereby establishing a special purpose corporation (SPC). He extended a loan to the special purpose corporation and developed real estate, golf courses, etc. through such special purpose corporation
2) Under H’s corporate register, Defendant C is a joint representative director from July 29, 2005 to September 12, 2005, Defendant B is a director or representative director from September 13, 2005, Defendant D is a director from July 29, 2005, Defendant E is a director from July 29, 2005, and Defendant E is an auditor from July 29, 2005 to an auditor.
In addition, the defendants are registered as shareholders in the H's register as second-name shareholders.
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 on the same day. B. From 2005 to 2011, H, such as the payment of remuneration to the Defendants, paid the Defendants totaling KRW 163,920,890 to Defendant B, totaling KRW 93,456,450 to Defendant C, totaling KRW 93,621,010 to Defendant D, totaling KRW 93,46,570 to Defendant E (hereinafter collectively referred to as “total amount of this case”).
(c) A A’s loan and insolvency, etc. 1) A performed a loan over several occasions with H. As of November 12, 2013, the balance of the loan principal is KRW 4,084,00,000.
2. Meanwhile, as of the date of the closing of argument in this case, H as of the date of the closing of argument in this case 43,644,743,806 won, including the principal and interest of loans, etc. to Dong Savings Bank in addition to the above principal