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(영문) 부산지방법원 2014.01.08 2013가합43737
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. The following facts do not conflict between the parties, or may be acknowledged by taking account of the whole purport of the arguments in each of the statements in Gap evidence 1, 3, 2, 4, and 10-1, 2, and 5 to 9-1, 2, and 3, respectively.

On August 16, 2012, A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the Plaintiff was appointed from the above court as a trustee in bankruptcy of A Savings Bank on the same day.

B. E, F, etc., the management of a savings bank, established or acquired a special purpose corporation (referring to a company that a savings bank directly operates an implementation project by avoiding restrictions under the Mutual Savings Banks Act, or a company that establishes or takes over on the ground of borrowed-name shareholders, borrowed-name directors, etc.; hereinafter referred to as “SPC”) by borrowing the name of its family members, etc. through the A savings bank and its executives and employees, and registering them as stockholders or executive officers in the form of such borrowing, and operated real estate or golf course development project, etc. through taking out loans to SPC.

C. G Co., Ltd., one of the several SPCs established by A Savings Bank (hereinafter “G”) has obtained loans from A Savings Bank twice (hereinafter “the instant loans”) and the relevant loan balance on April 4, 2013 is KRW 21,645,857,643.

At the recommendation of the A Savings Bank or the executives and employees of the relevant company, Defendant B, and C were registered as the co-representative and directors of G from October 22, 2003, and Defendant D as the auditor of the said company from December 28, 2004.

E. Defendant B received KRW 38,462,10 in total between April 1, 2004 and February 3, 2006; KRW 6,150,000 in total between April 5, 2007 and September 20, 2010; Defendant D received KRW 93,946,920 in total from G as wages, etc.

F. On the other hand, G is to A Savings Bank.

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