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(영문) 부산고등법원 2015.10.29 2014나50333
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. Status 1 of the Parties A Co., Ltd. (hereinafter “A”).

) The F and the representative director G, etc., who were the president, were the president, established a special purpose corporation by lending the names of the officers and employees, such as family members or branch members, etc. in form, and registering them as stockholders or executives in order to directly implement real estate implementation projects or to obtain a loan necessary for the implementation projects by avoiding restrictions on the Mutual Savings Banks Act, and subsequently, established a special purpose corporation by borrowing the names of its officers and employees, such as real estate or golf courses, through such special purpose corporation.

(2) On the corporate register of H, one of the special-purpose corporations established by the foregoing method. (2) On the corporate register of H, Defendant B was registered as a director from August 8, 2007; (2) from February 26, 2007, Defendant D was registered as a director; and (3) from August 8, 2007, Defendant E was registered as a representative director.

3) Meanwhile, on August 16, 2012, A was declared bankrupt by Busan District Court 2012Hamhap4, and the Plaintiff was appointed as a trustee in bankruptcy. B. The Defendants’ payment of the Defendants’ money is ① KRW 65,348,610 in total, ② KRW 71,316,529 in total to Defendant D, ③ KRW 87,056,620 in total to Defendant E (hereinafter collectively referred to as “the instant money”).

(c) The loan of A and the insolvency of H (1) A have been executed three times from August 11, 2008 to September 9, 2009, and on May 7, 2013, the remainder of the loan as of May 7, 2013 is KRW 32,604,307,026 in total.

2) As of the closing date of the pleadings in the trial of the party, H bears the above loans against A, and is insolvent because there is no particular property. [The fact that there is no dispute over the grounds for recognition, the entries in Gap evidence 1 through 9, and the purport of the whole pleadings.]

2. Determination as to the subrogation claim

A. Determination on this safety defense 1) A’s assertion (A) had no intention to recover from the beginning.

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