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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. Status of the parties, etc. 1) A Co., Ltd. (hereinafter “A”).
(2) On April 29, 201, the Defendants were subject to a disposition of business suspension under the Act on the Structural Improvement of the Financial Industry, and on August 16, 2012, the Plaintiff was declared bankrupt by Busan District Court 201Hahap4, the Plaintiff was appointed as the bankruptcy trustee at the same time as A’s bankruptcy. 2) The Plaintiff Company E (hereinafter “E”) is a nominal shareholder (Defendant B40%, Defendant C, and 30%, respectively), but in substance, A owns 100% shares.
3) On July 30, 2008, Defendant B received KRW 47,500,000 as the representative director, Defendant C as the director, and Defendant D as the auditor. From August 2008 to December 2010, Defendant B entered into a loan agreement with Defendant B with KRW 82,50,00 in total as monthly salary (2,50,000) and bonus, etc., Defendant C with KRW 47,150,00 in total as monthly salary (1,50,000) and bonus, etc., and Defendant D received KRW 47,00,00,000 in total (1,50,000,000) and KRW 47,00 in monthly wage and bonus (20,000) and KRW 47,00 in total,00 in total, KRW 47,00 in loan agreement with Defendant C with KRW 30,400 in loan out of May 4, 2009.
No. 2. Each entry of No. 2 and the purport of the whole pleading
2. As to the lawsuit of this case where the plaintiff seeking restitution of unjust enrichment or damages against the defendants in subrogation of the defendant as the trustee in bankruptcy of A, as the preserved right, as to the judgment on the main defense of this safety, the defendants are merely an investment made in the form of loan to E as a shareholder of one person who actually holds 10% of the shares of A, and thus, the claims for the loan shall be limited.