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1. The plaintiff's appeal is dismissed.
2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.
purport, purport, and.
Reasons
1. Basic facts
A. The status of the parties, etc. 1) A Co., Ltd. (hereinafter “A”).
) The K and the representative director L et al., the president of the Mutual Savings Banks established a special purpose corporation (SPC) by lending the names of the officers and employees, such as family members or branch members, etc. in the form of stockholders or officers in order to directly implement real estate implementation projects or to obtain a loan for funds necessary for the implementation projects by avoiding restrictions on the Mutual Savings Banks Act. The special purpose corporation borrowed funds from the special purpose corporation and thereby generated real estate, golf course, etc. E (hereinafter “E”).
(2) Defendant B, upon the recommendation of F representative G in charge of accounting affairs of A as a special purpose corporation, was registered as a director in the corporate register of E from September 16, 2005; Defendant C, upon the recommendation of A Auditor H, as a director in the corporate register of E from December 28, 2006 to May 10, 2010; and Defendant B, as a director in the corporate register of E from May 10, 201 to May 10, 2010.
3) Meanwhile, on August 16, 2012, A was declared bankrupt by the Busan District Court 2012Hahap4, and the Plaintiff was appointed as a trustee in bankruptcy on the same day. (b) E such as the payment of remuneration to the Defendants was recorded as a director or an inside director on the corporate register by the Defendants, and Defendant B was paid the sum of KRW 68,750,000 as indicated in the [Attachment 1] Claim Amount Table 1 “paid” over 70 times from October 28, 2005 to January 6, 201, and Defendant C was paid KRW 67,00,000 as indicated in the [Attachment 2] Claim Amount Table 2 “paid” to January 6, 2011 (hereinafter collectively referred to as the “total amount of each of the Defendants”).
C. Loans of A and E, etc. Loans of KRW 21.6 billion from A as of October 29, 2009, KRW 14.8 billion as of June 28, 2010, and KRW 500 million as of December 30, 2010, respectively, and loans of KRW 26,398, 89, 725 from A as of December 1, 2013.