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(영문) 부산지방법원 2013.11.27 2013나11185
채무부존재확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. A summary of the B Bank Group Group 1) B Bank Group 2 is a corporation B Bank Group hereinafter “B Bank”).

(1) The I Bank, Inc. (hereinafter “I Bank”)

2) As of December 31, 2010, B Bank is composed of K Bank, K Bank, L Bank, and M Bank. As of December 31, 2010, B Bank is the actual holding company of the above group, 95.18% of the shares of L Bank as of December 31, 2010, 54.55% of the shares of L Bank, 30% of the shares of K Bank, 50% of the shares of M Bank, 45.45% of the shares of L Bank, 50% of the shares of L Bank, 50% of the shares of L Bank, 50% of the shares of M Bank, and 50% of the shares of M Bank. 2) N is the largest shareholder of the L Bank Group, and E was the representative director of B Bank from November 25, 203 to January 8, 2010.

J from January 8, 2010, it was the representative director of B Bank from January 8, 201, and was the representative director of I Bank from around 2001.

N In addition, both E and J were the major shareholders of B Bank, and N, E, and J, the major shareholders of B Bank, controlled four affiliated banks through B Bank.

3) The B Bank Group Group established a special purpose corporation (Speci Pose Company, SPC) and carried out real estate implementation projects directly. The B Bank Group has defaulted on the management of the special purpose corporation through the following shareholders, and directly managed major documents, such as the seal impression and passbook of each special purpose corporation. G is a stock company F (hereinafter “F”).

(B) The Plaintiff operated a consulting company at the request of the B Bank Group, and entered F’s officers, employees, and employees in the name of its branch, and entered them as shareholders, officers, etc. of the said special purpose corporation, and established and managed the said special purpose corporation by obtaining a share capital, etc. from the bank affiliated with the B Bank Group. (B) On March 17, 2006, the B Bank Group Group made a loan from the bank affiliated with the B Bank Group.

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