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(영문) 서울중앙지방법원 2015.04.24 2014가합564530
손해배상(기)
Text

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. On January 27, 2003, Busan Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) concluded an agreement with Defendant D on the business to jointly establish and sell 27,936 temples and charnel houses on the land south by Busan Savings Bank and G on the land south H (hereinafter “instant business”).

B. On May 12, 2003, Busan Savings Bank and Defendant D established I (hereinafter “instant Incorporated Foundation”) as the main agent of the instant business, and Defendant A, C, and G, designated by the Busan Savings Bank, were appointed as a director of the instant Incorporated Foundation.

Defendant B retired from office as director on June 13, 2008, and at the same time, Defendant B was appointed as director by the Busan Savings Bank, and Defendant B was appointed as director on August 11, 2003 while taking charge of the fund management of the Foundation of this case from August 11, 2003, and was appointed as director on June 10, 2014.

C. On June 16, 2008, at the meeting of the board of directors held on June 16, 2008, Defendant A, C, and B made a resolution by the board of directors (hereinafter “the resolution by the board of directors of this case”) that the instant foundation would obtain a loan of KRW 3.4 billion from the Busan Savings Bank and contribute to the J of F Religious Organizations known to Defendant D, and Defendant E remitted the amount of KRW 3.4 billion loaned from the Busan Savings Bank to the said J according to the above resolution.

Busan Savings Bank was declared bankrupt on August 16, 2012 and the plaintiff was appointed as bankruptcy trustee.

Loans to the incorporated foundation of the Busan Savings Bank are approximately KRW 27.9 billion as of August 22, 2014.

[Ground of recognition] Facts without dispute, Gap 1 through 15 evidence, Eul 1 through 10 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The judgment of this Court

A. The plaintiff's assertion is a creditor of the incorporated foundation of this case, and is against the defendants in subrogation of the above foundation as follows.

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