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(영문) 서울고등법원 2015.09.23 2014나2035271
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On August 16, 2012, Busan Savings Bank (hereinafter “BO Savings Bank”) was declared bankrupt by Busan District Court 2012Hahap4 on August 16, 2012, and currently bankruptcy proceedings are underway, and the Plaintiff was appointed as a trustee in bankruptcy of Busan Savings Bank.

B. E and F, which were the president of the Busan Savings Bank, were the representative director, were established by means of lending the name of an officer or employee’s family or a partner, etc. in order to implement a business or obtain a loan necessary therefor by avoiding the restrictions under the Mutual Savings Banks Act, and then registering the special purpose corporation (SPC) as a shareholder or an officer. The limited liability company C (hereinafter “C”) was established as one of the special purpose corporations established by the above method, one of which was established by Defendant B and Nonparty D as an employee.

C. From June 22, 2007, Defendant B was registered as Defendant A and from January 29, 2008 as C director, respectively.

From June 22, 2007 to January 29, 2008, Defendant B was registered as each representative director from January 29, 2008.

The amount of benefits that Defendant A received from Defendant A from February 2008 to December 2010 is 106,174,000 won in total, and the amount of benefits that Defendant B received from the said company from July 2007 to December 2010 is 52,850,000 won in total.

(hereinafter referred to as the “each of the instant money”) E by adding each of the said money that the Defendants received as benefits from C.

C took out loans from the Busan Savings Bank in the amount of KRW 1,426,09,00,000 on April 8, 2009 and KRW 400,000 on July 9, 2010, and bears the total amount of KRW 1,426,09,313 on April 5, 2013, and is currently insolvent.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply) and each order to submit taxation information to the Mapo Tax Office of the court of the first instance to the Mapo Tax Office of the first instance, the purport of the whole pleadings.

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