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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. Facts of recognition;
A. On August 16, 2012, A Savings Bank Co., Ltd. (hereinafter “Bankruptcy Savings Bank”) was declared bankrupt by Busan District Court 2012Hahap4 on August 16, 2012, and currently bankruptcy proceedings are underway, and the Plaintiff was appointed as a trustee in bankruptcy of the said Savings Bank.
B. The president D, the representative director E, etc. of the Savings Bank established a special purpose corporation in the form of a special purpose corporation (a bankrupt savings bank established under the Mutual Savings Banks Act on the ground of a name director, a borrowed stockholder, a borrowed stockholder, etc. in order to directly operate the implementation project or to receive a loan for the implementation project by avoiding restrictions on non-compliance with the implementation project under the Mutual Savings Banks Act; hereinafter “special purpose corporation”) by borrowing the names of its officers and employees through the said Savings Bank’s officers and employees, and operated a development project of real estate, golf course, etc. through a loan to the special purpose corporation.
C. From February 6, 2004 to October 29, 2009, F Co., Ltd., one of the special-purpose corporations established by the Savings Bank (hereinafter referred to as “Nonindicted Co., Ltd.”) was granted a loan of KRW 40,200,000 in total from the Savings Bank (hereinafter referred to as “instant loan agreements”), and as of January 28, 2013, the debt of KRW 19,218,90,39 remains.
From March 21, 2005 to March 31, 2008, Defendant B was registered respectively as joint representative director of the non-party company, and from September 12, 2005 to March 31, 2008, as the auditor of the non-party company from March 31, 2008, on the certificate of corporate registration.
E. For each of the above periods, the non-party company deposited the total of KRW 169,00,000 in the account under the name of the defendant B, and KRW 62,750,000 in the account under the name of the defendant C.
F. The non-party company is currently insolvent.
【Ground of recognition】 The fact that there has been no dispute, Gap’s 1 through 3, Gap’s 4-2, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Defendants are non-party 1.