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(영문) 서울중앙지방법원 2014.01.24 2013가합532567
부당이득금
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. F, G, etc., a stock company A (hereinafter “A”) through its management, establishes a special purpose corporation in the form of lending the names of its officers and employees, their family members, etc., and registering them as its shareholders or officers, for the purpose of operating the damaged project directly or obtaining funds necessary for the implementation project, and subsequently, extended loans to the special purpose corporation and developed the development project of real estate, golf course, etc. through it.

H Co., Ltd. (hereinafter “H”) is one of the special purpose corporations established by such a method.

B. Under the corporate register of H, Defendant B was registered as a director or representative director from September 13, 2005, Defendant C, or D as a director from July 29, 2005, and Defendant E as an auditor from July 29, 2005.

H paid KRW 163,920,890 to Defendant B, Defendant C, KRW 93,456,450, and KRW 93,621,010 to Defendant D, and KRW 93,626,570 to Defendant E, from around 2005 to around 2011.

C. As of November 12, 2013, A extended loans to H over several occasions, the balance of the principal and interest of loans is KRW 4,084,00,000, and as of the closing date of the instant argument, H is an insolvent in which the total liabilities exceed the total assets.

On the other hand, A was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the bankruptcy procedure is in progress, and the plaintiff is the bankruptcy trustee.

【No dispute over the grounds for recognition】No dispute over the facts, the entries of Gap-1 to 32 (if there are additional numbers, including branch numbers; hereinafter the same shall apply), the entries of Eul-1 to 12, and the purport of the pleading

2. The parties' assertion and judgment

A. The Plaintiff’s assertion (i.e., the primary assertion by the parties: the Defendants, even though they were working or performed as H’s directors, have received the said benefits without the remuneration payment agreement adopted by the general meeting of shareholders, and without any legal grounds.

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