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(영문) 서울중앙지방법원 2015.10.22 2013가합523211
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On August 16, 2012, the Plaintiff Company A (hereinafter “A”) was declared bankrupt by Busan District Court No. 2012Hau4.

The plaintiff was appointed as a trustee in bankruptcy of A.

B. A lending and establishment 1) M and N et al., the president of L Co., Ltd., the president of L Co., Ltd. (hereinafter “L”) established a special purpose corporation by lending the name of an officer or employee’s family or his/her branch in order to implement a project or obtain necessary funds by avoiding restrictions on the Mutual Savings Banks Act, and by registering it as a stockholder or an officer. The special purpose corporation loaned a loan to L Co., Ltd. (hereinafter “L”).

(2) Defendant B, C, and D (hereinafter “Defendant B, etc.”) are registered as an auditor from May 30, 2003 to March 4, 2012 in the L’s corporate register as a family member or a branch member of an executive officer of Defendant B, D, and Defendant C, from May 30, 2003 to March 31, 2012.

In addition, Defendant B and D are listed as shareholders in L's register of shareholders.

C. During the period in which Defendant B, etc. entered as a director or auditor, L paid the sum of KRW 101,703,250 from March 2006 to December 201, 201, Defendant B paid KRW 168,869,750 in total from May 2003 to January 201, and Defendant C paid KRW 85,607,430 in total from May 2003 to December 201.

Defendant B, etc. (1) Defendant B, etc. is registered as L's director or auditor, and normally did not perform the duties performed by the director or auditor.

(2) Defendant B, etc., at the request of the executives of A, drafted a letter stating that “it shall be registered as the executives of L, but shall be comprehensively delegated to the O-affiliated Savings Bank, including A.”

E. D’s death and inheritance relationship 1D died on December 16, 2014.

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