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(영문) 서울중앙지방법원 2014.04.10 2013가합526159
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. Facts of recognition;

A. On August 16, 2012, the Plaintiff Company A (hereinafter “A”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and is currently in bankruptcy proceeding.

The plaintiff was appointed as a trustee in bankruptcy of A.

B. A’s loan and establishment 1) F and G, etc., the president of E limited liability company A, were the president of F and G, etc., were a special purpose corporation established by lending the name of an officer or employee’s family or his/her branch in order to implement a project by avoiding restrictions on the Mutual Savings Banks Act or to obtain a loan necessary therefor, and by registering the name of an officer or employee’s family or his/her branch as a shareholder or officer, and through lending the loan to a special purpose corporation, E limited liability company (hereinafter “E”) is one of the special purpose corporations established by this method.

C. In the corporate register of E, Defendant C was registered as a representative director or director from September 16, 2009, and Defendant D was registered as a director from December 8, 2003. 2) E paid a total of KRW 7,064,00,000 to Defendant D from May 2005 to February 201, 201, respectively, for the benefit of KRW 50,300,000 from October 2009 to February 2, 201.

E's financial status of E bears the obligation of loans to A, and is currently insolvent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the Defendants are liable to return unjust enrichment or to compensate for losses to E

A. The Defendants asserted by the Plaintiff are formally registered as the representative director or director of E, but did not actually work or perform their duties.

However, the Defendants receive from E the amount corresponding to each of the claims stated in the purport of the claim (hereinafter “each of the claims of this case”) under the pretext of benefit.

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