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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. Status 1) A Bank Co., Ltd. (hereinafter “A Bank”)
(2) The Defendants were declared bankrupt on May 20, 2013 by Seoul Central District Court 2013Hahap64, and the Plaintiff was appointed as trustee in bankruptcy of A Bank on the same day and taken over the lawsuit as trustee in bankruptcy of A Bank on June 20, 2013.
B. A bank’s acquisition of new shares and establishment of a loan account under the name of the Defendants (1) around January 2007 and around July 2007 (hereinafter “1st subscription for new shares”) offered two times and more of the subscription for new shares (hereinafter “2nd subscription for new shares”) around January 2007, and around July 2007, “2nd subscription for new shares”).
(2) At the time of the first and second capital increase, A Bank allocated new shares to its employees, including the Defendants, and received new shares in the name of its employees and paid the said amount.
3) As above, on January 4, 2007 and July 26, 2007, on which new shares were acquired in the name of the Defendants, A Bank opened each loan account in the name of the Defendants, each of which is the amount equivalent to the purchase price of each new shares allocated to the Defendants. The specific amount of loans by each Defendant is identical to the loans specified in the “Indication of Loan Agreement and Loan,” and specific loans (hereinafter referred to as the “each of the instant loans contract” in the name of the Defendants.
The terms and conditions of the loans are as follows. The loans of this case were used until January 3, 2012 by the 3% per annum of the loans from January 4, 2007, the term of loans extended at interest rates, or after that, until July 26, 2007, by the 4% per annum of the loans of employee stock loans from July 26, 2007 or thereafter by the 4% per annum of July 26, 2012, all of the loans of this case were used to pay the Defendants’ subscription price for new stocks.
The loan balance of the Defendants’ lending account under each of the instant lending contracts falls under the “loan balance” of the “loan Balance by Account in the Defendant’s name.”