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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Party relationship 1) A Savings Bank (hereinafter “A Savings Bank”), an affiliate of A Savings Bank Group Group (hereinafter “A Savings Bank”)
(2) On February 19, 201, the Financial Services Commission was subject to a disposition of insolvent financial institutions and business suspension on February 19, 201, and was declared bankrupt on August 16, 2012 by Busan District Court 201Hahap4, and the Plaintiff was appointed as a trustee in bankruptcy. (2) C was a major shareholder of the A Savings Bank Group and served as the representative director of the A Savings Bank from November 25, 2003 to January 8, 2010. From January 9, 2010, C was working as the vice-chairperson of the A Savings Bank Group, and D was a wife of C.
B. From around 204, management officers and employees of A Savings Bank Group and its employees, including A Savings Bank Group C, have established more than 120 special purpose corporations by using the name of executives and employees of the A Savings Bank Group and managing seal impressions, passbooks, etc. of each special purpose corporations in violation of their duties in the course of establishing a special purpose corporation as above. C was punished by imprisonment with prison labor for 14 years on February 21, 2012 due to a violation of the Act on the A Savings Bank’s duty by committing a breach of trust, such as making a loan or making a voluntary repayment of security secured by a violation of its duties in the course of performing a business through the establishment of a special purpose corporation as above, thereby causing damage to A Savings Bank totaling KRW 286,070,26,754.
(Seoul Central District Court 201Gohap403, etc.). (C)
C) On October 7, 2010, C remitted KRW 680,752,52,52 from its principal bond account to its principal bond account. (2) D withdraws KRW 1,613,149,528, including the above KRW 680,752,523 on October 7, 2010, and issued and delivered KRW 1.488,000,000 among them by the cashier’s cashier’s cashier’s cashier’s checks. The cashier’s checks were issued and delivered on October 7, 2010.