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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 may be found either in dispute between the parties or in full view of the respective descriptions and arguments set forth in Gap's 1 to 4, and Gap's 5 to 9 (including each number):
On August 16, 2012, A Co., Ltd. (hereinafter “A”) was declared bankrupt by Busan District Court 2012Hahap4, and the bankruptcy procedure is in progress. The Plaintiff was appointed from the above court as a bankruptcy trustee of A.
B. The president of the Group F, the representative director G, etc., a management of A, borrowed the name of a person, such as his/her family, through a public official or employee, and established the SPC in the form of a special purpose corporation (A) (hereinafter “SPC”) in order to directly operate the implementation business or to receive a loan necessary for the implementation business by avoiding restrictions on non-compliance with the implementation business under the Mutual Savings Banks Act; hereinafter “SPC”), and then registered it as a shareholder or an officer of the following company (hereinafter “SPC”), and operated the development business of real estate, golf course, etc. through lending to SPC.
C. H Co., Ltd., one of the several SPCs established by A (hereinafter “H”) obtained a loan from A several times. The remaining principal of the loan as of March 8, 2013 for each of the above loans are as indicated below in the column for “the balance of loans” as indicated below.
(hereinafter referred to as “the instant loan” as indicated below.
D. Defendant B is registered as the representative director of H from December 27, 2004; Defendant C is a director of H from September 22, 2005; Defendant D is a director of H from December 27, 2004 to H’s audit; and Defendant E holds 4,950 shares (15%) of H as a borrowed-name shareholder who only borrowed name.
E. Defendant B: (a) KRW 157,250,00 in total between February 1, 2005 and January 21, 201; (b) KRW 134,104,597 in total between March 10, 2004 and January 21, 201; and (c) KRW 54,50,000 in total between January 31, 2005 and September 28, 2009; and (d) Defendant E in this case.