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. Summary of the plaintiff's assertion
A. (1) As to Defendant B, the Plaintiff did not receive a total of KRW 721,024,00,000 due to an auction of real estate leased or offered as security, etc.
(2) The Plaintiff offered apartment housing owned by the Defendant as security to the Gwangju Bank, a creditor of a loan to the D Agricultural Association Corporation (hereinafter “D”) operated by the Defendant, which was allocated approximately KRW 27 billion to the Gwangju Bank in the auction procedure for the above apartment housing.
(3) The Plaintiff leased KRW 15 million to the Defendant through the Cheongho Industrial Co., Ltd. (hereinafter “Cheongho Industrial”).
(4) Therefore, the Defendant is obligated to pay to the Plaintiff KRW 10 million out of the amount of indemnity or loan of KRW 721,024,000,000, out of the amount of unpaid reimbursement, as part of the said apartment auction.
B. As to Defendant C, from October 2008 to May 2, 2013, the Defendant provided the cause of bad loans, etc. while serving as a director or representative director of the D Union established by the Plaintiff on September 2, 2007. In collusion with Defendant B, the Defendant embezzled 30% of the Plaintiff’s shares of the D Association (30 million won at the market price).
Therefore, the defendant is responsible for compensating for damages of KRW 100,000,000, which is part of the plaintiff's damages.
2. Determination
A. According to the evidence No. 6, as to the claim against Defendant B, regarding F apartment 106 and 404, Gangseo-gu Seoul Metropolitan Government F apartment 106, Jun. 9, 2014, the fact that the collateral security was established with the obligor D, the creditor bank, the creditor bank, the maximum debt amount of KRW 11228,00,000,000, and the fact that the Gwangju Bank received approximately KRW 270,000,000,000 from the auction procedure for the above apartment as requested by the Bank, and that E is the spouse of the Plaintiff, there is no dispute between the parties.
However, through an auction for the above 404, the creditor of the indemnity amount arising from the repayment of approximately KRW 27 million out of the debt of the D Association to the Gwangju Bank.