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(영문) 수원지방법원 2015.01.16 2014가합3262
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the final claim inspection judgment of 2012 dated February 5, 2014 and the final claim inspection judgment of 157 shall be approved.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) was established on October 5, 2005 by E, and around 2006, F Bank Co., Ltd. (hereinafter “F Bank”) borrowed KRW 68.9 billion from F Bank, etc. and continued the golf course business.

The F Bank acquired 55% of the shares of B around the mid-2008.

B) Around June 2010, F Bank intended to promote capital increase in order to increase BS ratio (equity capital/risk assets 】 100). G (a major shareholder of the Plaintiff is the Plaintiff’s director and representative director from April 5, 2006 to April 5, 2009; (b) as the Plaintiff’s director and representative director from April 5, 2009 to May 3, 2010; and (c) as the Plaintiff’s internal director and representative director from May 25, 2010 to February 21, 2012.

(2) On June 28, 2010, the Plaintiff requested the Plaintiff to lend a total of KRW 10 billion to the Plaintiff. (2) The Plaintiff loaned KRW 5,96,538,940 to H and its related parties, a major shareholder of the F Bank, KRW 958,953,560 to I and their related parties, KRW 958,953,560 to I, and KRW 1,314,143,060 to K and its related parties, and KRW 1,760,364,440 to K and its related parties, with each interest rate of KRW 12% per annum.

(3) On June 28, 2010, E is the golf membership of 50 golf membership accounts in the amount of 13 billion won (hereinafter “the instant golf membership”) issued by B on behalf of B (hereinafter “the instant loan”).

2) The instant security agreement provides the Plaintiff with security for transfer in order to secure the instant loan loan obligation (hereinafter “instant security agreement”).

In this case, golf membership in this case was provided as security for transfer.

C. On February 17, 2011, the Financial Supervisory Service designated a F Bank as an insolvent financial institution and issued a business suspension order on February 17, 2011.

E between the Plaintiff and the Plaintiff on February 25, 2011, and B will accept the debt of the borrowed amount of this case from the major shareholders of the F Bank and their specially related persons.

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