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1. All of the plaintiff's claims are 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 August 16, 2012 by Busan District Court 2012Hahap4, and the bankruptcy procedure is in progress. The Plaintiff is a trustee in bankruptcy of A.
B. On May 4, 2009, A entered into a credit transaction agreement with E Co., Ltd. (hereinafter “E”) with a credit amount of KRW 3,400,000,000 (the subsequent change to KRW 4,300,000) and the loan period of KRW 12 months (the subsequent change to May 4, 201), and loaned the said amount to the said company.
However, E did not pay the principal and interest of the loan to A until the maturity date, and on December 31, 2012, the balance of the loan as of December 31, 2012 is KRW 2,748,948,364.
C. From July 30, 2008 to July 30, 2008, upon the recommendation of the F representative director G in charge of accounts A Special Purpose Corporation (SPC), Defendant B is registered as the representative director, Defendant C as a director, and Defendant D as an auditor.
The Defendants received each amount of money stated in the purport of the claim from August 2008 to December 2010 under the pretext of benefits, etc. from E.
(e) E is currently insolvent;
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including branch numbers in case of additional number), the purport of the whole pleadings
2. As to the lawsuit of this case where the plaintiff made a claim for restitution of unjust enrichment or damages on behalf of the defendants by taking his claim for loans against E as the preserved right, the defendants asserted that the above loan should be viewed as a special purpose corporation (SPC) with a 100% stake, and therefore, the plaintiff's preserved claim against E does not exist.
Although there is no dispute between the parties that E is a special purpose corporation established by E, it is not possible for A to exercise the above loan claims against E, so the defendants' prior defense on the merits is without merit.
3. Judgment on the merits
A. The plaintiff filed a claim for return of unjust enrichment with the representative director.