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(영문) 서울중앙지방법원 2014.02.13 2013가합531519
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On August 16, 2012, A Co., Ltd. (hereinafter “A”) was declared bankrupt on the Busan District Court 2012Hahap4, and the bankruptcy procedure is currently in progress. The Plaintiff was appointed as a bankruptcy trustee of A.

B. D Limited Liability Company (SPC) established by A (hereinafter “D”) has obtained loans from A six times from January 22, 2005 to May 10, 2010, and the loans amounted to KRW 7,939,289,807.

C. Upon the recommendation of the representative F of the E company in charge of the accounting affairs of D, Defendant B was registered respectively as the representative director or director of D from May 12, 2005 to March 5, 2013, and Defendant C was registered as D director from November 29, 2005 to January 10, 201. Of the total issued stocks of D, 50% was registered in the name of Defendant B, and the remainder of 50% was registered in the name of Defendant C in the register of shareholders.

Defendant B received KRW 169,816,913 from June 2005 to May 201, and Defendant C received KRW 67,500,000 from December 2005 to January 201 as wages, etc.

According to the audit report prepared on March 24, 2010 by the G Certified Public Accountants audit team, D, an external auditor, D, on December 31, 2009, the total assets amounting to KRW 19,619,74,720 as of December 31, 2009, and the total assets amounting to KRW 42,110,874,349.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (if there are various numbers, including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. As to the Plaintiff’s claim for restitution of unjust enrichment or claim for damages on behalf of the Defendants in subrogation of D’s claim for loans against D as preserved right, the Defendants cannot claim the return of D’s loan holding a 100-% stake due to credit extension to itself.

Therefore, since the plaintiff's preserved claim against D does not exist, D is a special purpose corporation established by D, as it is separate from A, since D is a separate purpose corporation established by D.

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