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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (i) Nonparty C served as the president of Nonparty D (hereinafter “Nonindicted D”) from December 2, 2006 to December 2, 2009, taking overall charge of personnel affairs, fund management, etc.; and Nonparty E is a person in a relationship of relationship with Nonparty C.
B. On January 11, 2008, Nonparty D entered into a specified money trust agreement (hereinafter “instant specified money trust agreement”) with the Defendant bank, setting the trust amount of KRW 30 billion from January 11, 2008 to January 9, 2009, the trust amount of KRW 30 billion, incorporated asset loan claims, and target yield rate of 9%, and paid the trust amount of KRW 30 billion to the Defendant bank.
【Defendant Bank acquired a loan claim of KRW 30 billion (this rate is 9.3% per annum) from Nonparty F Co., Ltd. to Nonparty G Co., Ltd. (hereinafter “G”) in accordance with the management instruction of Nonparty D. on the same day.
Applicant As security for the above loan obligations of G, the first priority pledge for the entire shares issued by G and the second priority pledge for the entire shares issued by the non-party H Co., Ltd. (hereinafter “H”) and the non-party I Co., Ltd. (hereinafter “I”), each of which was scheduled to be acquired by G, respectively, was established. The non-party J, H and I, who was the representative director of G, jointly and severally guaranteed the above loan repayment obligations.
And the G account with which the loan was paid was already set up a pledge on the Defendant bank.
B. A final judgment of conviction against C and E (i) helps Nonparty D receive a loan from Nonparty D’s institution in the form of a specified money trust, such as funds necessary for acquiring Nonparty D Co., Ltd. (hereinafter “L”)’s acquisition from Nonparty D Co., Ltd. (hereinafter “M”), a KOSDAQ-listed company, from the land of the Gangnam-gu Seoul K Building, Gangnam-gu to December 2007, by Nonparty D’s acquisition of Nonparty D Co., Ltd. (hereinafter “L”).