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(영문) 부산지방법원 2014.02.05 2012가단230148
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On March 7, 2012, Busan District Court Decision 201Ham21, Busan District Court Decision 2012Ham21, Busan District Court Decision 2012Ham21, Busan District Court Decision 2012Ham21, Busan District Court Decision 201Da12248, Jun. 16, 2012, Busan District Court Decision 201Da12888, Jun. 16, 2012, the Busan District Court Decision 201Da1388, Jun. 21, 2012, the Busan District Court Decision 201Da12488, Jun. 2

B. The management of the Busan Savings Bank Group B, C, etc. established a special purpose corporation (referring to a company established by the Busan Savings Bank Group on the ground of name shareholders, name directors, etc. in order to directly operate the enforcement business or to obtain a loan necessary for the implementation business by avoiding restrictions under the Mutual Savings Banks Act; hereinafter referred to as the “SPC”) by borrowing the names of those persons such as their family members through the officers and employees of each of the instant banks, and by registering them as stockholders or executives in the form of them, and operated the development business of real estate, golf course, etc. through lending to the SPC.

C. As of December 17, 2012, a corporation, one of several SPCs established by the Busan Savings Bank Group (hereinafter “Japan Construction”) bears the principal and interest of loans as stated in the table 1 as follows, with three loans granted from the Busan Savings Bank. Two loans granted from the Busan Savings Bank and two loans granted from the Busan Savings Bank are the principal and interest of loans as stated in the table 2 as of September 19, 2012, and is currently insolvent.

No. 1 and Busan Savings Bank: 24,500,000 ordinary loan 24,50,000,500,000 on October 23, 2009 general loan 24,500,000,500,234,547,933 on July 28, 2010, general loan 3,000,0003,000,000,000,000,000,000, 82,575,3343 on January 20, 2010, general passbook loan 3,00,000,0000,000,002,064,064,460, 1639,6516,650,50.

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