Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. A Co., Ltd. (hereinafter “A”) prior to bankruptcy was a corporation established under the Mutual Savings Banks Act for the purpose of credit installment savings business, the receipt of deposits and installment savings, and was declared bankrupt on April 30, 2013 by the Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
B. Nonparty C was in office in A from October 26, 199, and was working as the head of credit business division from February 1, 2008. According to A’s representative director F’s instruction, Nonparty C was investigated by an investigative agency on the suspicion that it violated Articles 12 and 39 of the Mutual Savings Banks Act, such as making a loan in excess of the limit of credit extension for an individual borrower as follows, and was ordered to suspend indictment on July 25, 2012.
(hereinafter referred to as "each of the instant loans". From May 28, 2008 to June 30, 201, F shall grant loans of 380 billion won (168.9 billion won) in total over 57 times in the name of the Investment Bank Co., Ltd. and 25 borrowed loan of 40 billion won (1,68.95 billion won) to each of the loan companies in the name of 1,43.9 billion won, exceeding the limit of 1,43.6 billion won to 3.4 billion won, to each of the loan companies in the name of 25 billion won, and to secure the acquisition price and the construction price of the beautifulCC golf course operated by the Investment Bank Co., Ltd. from May 28, 2008 to June 31, 2011 to 3.4 billion won, and to each of the loan companies established by the Investment Bank Co., Ltd., Ltd. 500 billion won and 4.7 billion won to each of the loan companies in the name of 5 billion won.