beta
Text
1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Basic facts
A. The Busan Savings Bank Co., Ltd. (hereinafter “C”) set on January 27, 2005 the repayment rate of KRW 500 million on January 27, 2008 to the non-party C Co., Ltd. (hereinafter “C”), 21% of the repayment date. On October 13, 2005, the repayment rate of KRW 1.8 billion on October 13, 2008 was set at 21% of the repayment date. Nonparty D Co., Ltd, the representative director of C at the time, guaranteed the above loan obligations against the Busan Savings Bank.
B. C, on May 12, 2010, withdrawn KRW 510 million from the Busan Bank account (Account Number: E) in its name, as 250 million from each of the check number F, G, and check amount, 250 million from 250 million from the check amount.
C. Meanwhile, on May 12, 2010, Nonparty H (hereinafter “H”) held an inaugural general meeting. Defendant A, as promoters, decided to issue shares as a total of KRW 51,000 per share and KRW 10,000 per share with a total of KRW 25,500,000 among them. Defendant B subscribed to KRW 255,500,000,000 in total as an auditor and an underwriter, and Defendant B subscribed to the remainder of KRW 255,500,000 in total.
Two cashier's checks, such as the entry, were used in the payment of the purchase price of the shares by the Defendants.
The Busan Savings Bank was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the plaintiff was appointed as the bankruptcy trustee on the same day.
E. Defendant A is the mother of Nonparty I, the representative director of Nonparty C, and Defendant B is the head of Nonparty D.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings
2. Determination as to the main claim
A. The gist of the parties’ assertion (1) On May 12, 2010, Plaintiff C withdrawn KRW 510 million from his account under his name from two cashier’s checks, each of which constitutes KRW 2550 million, and then donated one copy to the Defendants. The Defendants used this on the same day for the payment of the purchase price of H’s shares.