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(영문) 부산고등법원 2015.10.29 2013나52370
손해배상(기)
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”).

(E) In order for E and F, who was the president, to directly implement real estate implementation projects, etc. or to obtain a loan necessary for the implementation projects by means of lending the names of the officers and employees, such as family members or branch members, etc. and registering them as stockholders or officers in the form, by avoiding the restrictions on the Mutual Savings Banks Act, the former president and F, etc. established a special purpose corporation by borrowing the names of its officers and employees, and subsequently, made the loan to the relevant special purpose corporation and through

(2) From December 27, 2004 to December 27, 2004 on the corporate register of G, Defendant B was registered respectively as the representative director, Defendant C was a director, and Defendant D was recorded as an auditor.

3) Meanwhile, on August 16, 2012, A was declared bankrupt by Busan District Court 2012Hahap4, and the Plaintiff was appointed as a trustee in bankruptcy. (b) G to be paid to the Defendants was registered as the representative director, director, or auditor on the corporate register of the Defendants, and KRW 136,250,000 in total from March 10, 2005 to December 17, 2010, and KRW 116,250,000 in total from June 30, 2005 to September 6, 2010, and KRW 9,250,000 in total from January 12, 2005 to December 17, 2010 to Defendant D (hereinafter “each of the instant money”).

(c) The loan of A and G insolvency, etc. 1) A implemented the loan of G on seven occasions from December 11, 2002 to July 23, 2010, and on March 18, 2013, the remainder of the loan as of March 18, 2013 is KRW 20,840,028,155 in total.

2) As of the closing date of the pleadings at the trial of the party, G bears the above loans against A, and is insolvent because there is no particular property. [Grounds for recognition] Facts that there is no dispute, Gap evidence Nos. 1 through 4, 6 through 8, and 10 through 12 (including paper numbers, oral arguments).

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