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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. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts as a whole: Gap evidence Nos. 1, 2, 3, and 5; Gap evidence Nos. 4 and 6; Gap evidence Nos. 1, 2, and 3; the National Agricultural Cooperative Federation of this Court; Busan District Savings Bank; and the National Bank of Korea as a whole the purport of each order to submit financial transaction information.
On August 16, 2012, A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the Plaintiff was appointed from the above court as a trustee in bankruptcy of A Savings Bank on the same day.
B. E, F, etc., the management of a savings bank, established or acquired a special purpose corporation (referring to a company that a savings bank directly operates an implementation project by avoiding restrictions under the Mutual Savings Banks Act, or a company that establishes or takes over on the ground of borrowed-name shareholders, borrowed-name directors, etc.; hereinafter referred to as “SPC”) by borrowing the name of its family members, etc. through the A savings bank and its executives and employees, and registering them as stockholders or executive officers in the form of such borrowing, and operated real estate or golf course development project, etc. through taking out loans to SPC.
C. One of the several SPCs established by A Savings Bank (hereinafter “G”) has received loans from A Savings Bank several times (hereinafter “instant loans”). The loan balance as of May 13, 2013 reaches KRW 19,783,702,688.
At the recommendation of the A Savings Bank or its officers and employees, Defendant B, C, and D are the directors and auditors of G from June 29, 2004, registered on the registration certificate of each company.
E. The Defendants received each payment from the said Company during the period registered in the certificate of registration as an executive officer of G.
F. Meanwhile, on the other hand, on December 31, 2012, G exceeded KRW 43.5 billion by the total debt amounting to KRW 43.5 billion, and on May 13, 2013.