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1. Of the judgment of the court of first instance, the part against the plaintiff with respect to the defendant B and C, which orders payment below.
Reasons
Basic Facts
On August 16, 2012, A Co., Ltd. (hereinafter referred to as “A”) was declared bankrupt by Busan District Court 2012Hahap4 on August 16, 2012 and the bankruptcy procedure is in progress.
The plaintiff was appointed as a trustee in bankruptcy on the same day.
K and L et al., the president of A, were the president of the Mutual Savings Banks Act, established a special purpose corporation by lending the names of the officers and employees' family members or branch members in the form of shareholders or executives in order to implement the project or obtain a loan necessary for the project, and made a loan to the special purpose corporation and through this, the development project of real estate, golf course, etc. was conducted.
E Co., Ltd. (hereinafter referred to as “E”) is one of the special purpose corporations established by such a method.
① Defendant B’s recommendation by the F representative G in charge of accounting affairs of A (SPC) is listed as E’s director from September 16, 2005; ② Defendant C is listed as E’s director from December 28, 2006 to May 10, 2010; and ③ Defendant D holds 15,000 shares of E as the borrowed-name shareholder who borrowed only the name at the request of the said H.
E paid to Defendant B KRW 68,750,000 in total as indicated in attached Table 1 “paid amount” in attached Table 1 for 70 times from October 28, 2005 to January 6, 201, and ② Defendant C paid KRW 67,00,000 in total as indicated in attached Table 2 “paid Amount” in attached Table 2 for 50 times from February 8, 2007 to January 6, 201, and ③ Defendant D paid KRW 71 times from February 3, 2005 to January 6, 201, as indicated in attached Table 3 “paid Amount” in attached Table 3 for 71 times as remuneration, etc.
(hereinafter the Defendants received each of the above amounts (hereinafter referred to as “each of the above amounts”). On the other hand, E has borrowed each of the above amounts of KRW 26,398,89,725 from A to October 29, 2009, KRW 14.8 billion on June 28, 2010, KRW 14.8 billion on December 30, 2010, and 26,398, KRW 89,725 on April 1, 2013.