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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. 1 Status of the Parties A (hereinafter “A”)
A) A corporation established under the Mutual Savings Banks Act for the purpose of credit fraternity business, credit installment savings business, etc., and was subject to a decision and disposition of suspension of business by the Financial Services Commission on February 17, 201. A was declared bankrupt on August 16, 2012 by Busan District Court Decision 2012Hamhap4, and the Plaintiff was appointed as A’s bankruptcy trustee on the same day. (2) A, an incorporated foundation D (hereinafter “instant incorporated foundation”) is an incorporated foundation for the purpose of the establishment, operation, etc. of charnel facilities.
Defendant C is a person who was a director of the incorporated foundation of this case, and Defendant B is a person in charge of the fund management of the incorporated foundation of this case.
B. A, around January 27, 2003, entered into an agreement on the business to establish and sell a charnel 27,936 unit on the land in Jeonnam H, with the well-known G, represented by the F physician belonging to E religious organizations. The agreement includes the establishment of an incorporated foundation and the implementation of the said business. 2) Accordingly, the instant incorporated foundation was established on May 13, 2003, and around September 5, 2003, A entered into an agreement on the promotion of the instant incorporated foundation’s business, between the instant incorporated foundation and the instant incorporated foundation, which was to build a charnel house and a temple to sell a charnel house on the said land and to support A by lending funds necessary therefor.
C. On December 1, 2009, A extended a total of KRW 28,600,000,000 on December 1, 2014, 2012, at the annual interest rate of 1, 200,000 per annum for the repayment date of loans for the loan subjects, including the conclusion of the instant loan agreement (hereinafter referred to as “the instant loan”). On December 1, 2009, A extended a total of KRW 28,00,000,000 on December 1, 201, respectively, as indicated in the following table (hereinafter collectively referred to as “the instant loan”).