(영문) 서울중앙지방법원 2015.04.10 2013가단5080125

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(영문) 서울중앙지방법원 2015.04.10 2013가단5080125

대여금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of a party (1) A Co., Ltd. (hereinafter “A”) is a company aimed at receiving deposits and installment savings, receiving loans, etc.

The defendants are those who worked as a staff member of A.

(2) On May 20, 2013, A was declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as A’s trustee in bankruptcy on the same day.

B. (1) A opened a loan account and acquisition of new shares in the name of the Defendants (hereinafter “each of the instant shares issued”) was conducted on August 9, 2005, January 9, 2006, January 4, 2007, and July 26, 2007.

A At the time of the above subscription for new shares, new shares were allocated to employees, including the Defendants, and new shares were acquired in the name of employees.

(2) On the day when new shares were acquired in the name of the Defendants, each loan account was opened in the name of the Defendants with the amount equivalent to each of the new shares acquired in the name of the Defendants.

The number of loans shall be as stated in the "loan Limit" column in the attached Form.

(3) Each of the above loans was used to pay the purchase price of new shares by the Defendants.

[Ground] Facts without dispute, Gap 2, 3 (including paper numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. (1) At the time of each of the instant shares offering, the Plaintiff’s assertion (1) investigated whether A, including the Defendants, intended to subscribe to shares allocated to the members of employee stock ownership association including the Defendants at each of the instant branches, and also examined whether A wishes to borrow the amount equivalent to the acquisition price

According to the above findings, only the members wishing to acquire new shares and make loans, including the defendants, have made a loan by opening a loan account with the amount equivalent to the new shares acquisition price as principal.

Therefore, each loan contract between the plaintiff and the defendants has been effective, so the defendants are the defendants.

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