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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. A (hereinafter “A”) was declared bankrupt on March 7, 2012 by Busan District Court 2012Hahap1, and the bankruptcy procedure is in progress. The Plaintiff is a person appointed as a bankruptcy trustee of A, and D Limited Liability Company (hereinafter “D”) is a special purpose corporation (SPC) established by A, and a company of which A owns 10% shares.
B. A extended a total of KRW 10,430,000 on December 26, 2008, KRW 6,000,000 on February 23, 2009, KRW 145,50,000 on November 9, 2009, KRW 10,000,000 on June 25, 2010, KRW 1097,55,000 on each of the loans to D, but did not recover at all.
C. Defendant B was registered as D’s representative director on the recommendation of E-Liability Company F, and Defendant C was registered from December 19, 2005 to February 7, 201 on the recommendation of D’s above F, a lodging room.
D. From March 2006 to February 2, 201, Defendant B transferred KRW 127,100,610 in total to the NAC’s account as benefits. Defendant C received KRW 64,357,400 for the same period from the NAC’s account as benefits.
E. Meanwhile, D is currently insolvent, such as at least 10,975,006,380 won of the loan principal to A.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 4, 7 and Eul evidence No. 1, the purport of the whole pleadings
2. On the ground that the Plaintiff’s judgment on the prior defense of the merits made a claim for restitution of unjust enrichment or a claim for damages against the Defendants in subrogation of D as the preserved right, the Defendants asserted that, inasmuch as A made an investment in D with a special purpose corporation, in the form of loan, it cannot be claimed, the Plaintiff’s preserved claim against D did not exist.
However, as seen earlier, A has been granted a total of KRW 10,975,006,380 on D, and thus, A has a loan claim against D. The fact that D is a special purpose corporation, and that D has paid each of the above loans to D solely based on the fact that D is a special purpose corporation.