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(영문) 부산고등법원 2015.10.29 2014나50227
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The status of the parties 1) A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”)

(E) In order for E and F, who was the president, to directly implement real estate implementation projects, etc. or to obtain a loan necessary for the implementation projects by means of lending the names of the officers and employees, such as family members or branch members, etc. and registering them as stockholders or officers in the form, by avoiding the restrictions on the Mutual Savings Banks Act, the former president and F, etc. established a special purpose corporation by borrowing the names of its officers and employees, and subsequently, made the loan to the relevant special purpose corporation and through

(2) On the corporate register of G, one of the special-purpose corporations established by the foregoing method. (2) On the corporate register of G, Defendant B was registered as a director from June 29, 2004; (2) from June 29, 2004, Defendant C was registered as a director from June 29, 2004; and (3) from March 20, 2009, Defendant D was registered as an auditor.

(3) On the other hand, A Savings Bank was declared bankrupt on August 16, 2012 by Busan District Court 201Hahap4, and the Plaintiff was appointed as a trustee in bankruptcy of A Savings Bank. (B) The Defendants were registered as a director or auditor on the corporate register, and the Defendants were to pay the Defendants the total amount of KRW 149,875,780 from July 2004 to March 201, and KRW 108,322,630 from July 2004 to March 201, 201, and KRW 108,32,630, and KRW 30 from October 2008 to March 201.

(c) Each payment was made. (1) A savings bank extended loans from August 12, 2008 to March 23, 2010 to G, and the remaining loans as of May 13, 2013 are KRW 19,783,702,68 in total.

As of the closing date of the argument in the trial of the political party, G bears the above loan obligations against A Savings Bank.

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