logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.10.23 2012가합18611
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant served as the representative director of a stock company A (hereinafter “A”) from July 31, 2007 to October 31, 2008.

B. On December 18, 2007, A extended a loan of KRW 250,00,000 to Nonparty Co., Ltd. (hereinafter “C”) (hereinafter “instant loan”). On October 22, 2009, A replaced a security on October 22, 2009, paid KRW 100,000 out of the said loan to C, but did not pay the remainder of KRW 150,00,000,000 until now.

C. On August 18, 2008, A gave a loan of KRW 1,200,000 to Nonparty 2 Construction Co., Ltd. (hereinafter “BB”) (hereinafter “instant loan”). On June 25, 2010, Nonparty C&C Co., Ltd. (hereinafter “SC”) borrowed KRW 1,250,000 from A while repaying the above two loans, and Nonparty C&C Co., Ltd (hereinafter “S”) borrowed KRW 1,250,000 from A on June 30, 201, and Nonparty C&C Co., Ltd (hereinafter “S”) borrowed KRW 2,100,000,000 from A while repaying C&C loans. However, the above loans were not repaid until now.

A was declared bankrupt on October 30, 2012 by Busan District Court 2012Hahap7, and the defendant was appointed as bankruptcy trustee on the same day, and the defendant taken over the lawsuit of this case of this case of this case of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 7, 25 (including, if any, the number; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings

2. Determination on the claim for damages related to the first loan of this case

A. The gist of the claim is that the first loan of this case was approved and executed by the Defendant without examining the possibility of recovery of claims and acquiring only the personal and physical security with no real value of security, in return for lending the name for the borrowed loan of KRW 2,250,000 to Nonparty D, a major shareholder of A, even though the Defendant’s ability to repay the debt of the Defendant was uncertain.

arrow