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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On August 16, 2012, A Co., Ltd. (hereinafter “A”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and is currently in bankruptcy proceeding.
B Co., Ltd. (hereinafter “B”) was declared bankrupt on March 7, 2012 by Busan District Court 2012Hahap1, and the current bankruptcy proceeding is in progress.
The Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy in A and B.
B. E and F, who was the president of the Mutual Savings Banks Act, were the president of the E and F, etc. established a special purpose corporation (SPC) by lending the name of an officer or employee’s family or branch in the form of shareholders or executive in order to implement the business or obtain a loan for the necessary funds by avoiding restrictions on the Mutual Savings Banks Act, and subsequently, extended loans to the special purpose corporation and developed real estate, golf courses, etc
G Co., Ltd. (hereinafter referred to as “G”) is one of the special purpose corporations established by such a method.
C. Defendant D, upon recommendation by Defendant C (the Defendants are in matrimonial relations), worked as G director from October 1, 2007 to May 25, 2010, and received a total of KRW 29,500,000 (hereinafter “instant money”) as remuneration.
E. G receives loans of KRW 2,940,405,596 from A, and KRW 4,618,290,376 from B, and bears each of the above loans, and is currently insolvent.
F. On December 16, 2014, Defendant D remitted KRW 29.7 million to the new bank account under B’s name.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiffs' assertion and judgment
A. Since the Plaintiffs’ assertion G has the following claims against the Defendants, the Plaintiffs, as creditors of loans against G, seek payment of the amount stated in the claims against the Defendants in subrogation of the insolvent G, by taking the respective loans claims against G as preserved claims.
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