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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The facts subsequent to the facts of recognition may be found either in dispute between the parties or in Gap evidence Nos. 1-4 (including a serial number) by integrating the overall purport of the pleadings.
The Incorporated Foundation C (hereinafter referred to as the “ Incorporated Foundation”) obtained the establishment permission on May 12, 2003, and has its principal office in Jeonnam-gun Diali (hereinafter referred to as “Duri”) E, and the representative is F of the board of directors.
B. The instant foundation foundation was established by the major shareholders of related companies, including A Bank A (hereinafter “A Bank”), with loans of 28 billion won from A Bank (hereinafter “instant loans”) on December 1, 2009 (including additional loans granted from G Bank and H Bank companies affiliated with the A Bank), and implemented a project to newly build and sell a charnel house in C on the ground, such as I and E (hereinafter “B house project”).
C. On February 17, 2011, the A Bank was under bankruptcy proceedings after it was subject to the suspension of business by the Financial Services Commission’s decision. On August 16, 2012, the A Bank was under bankruptcy after having been declared bankrupt by the court. The Plaintiff appointed as a bankruptcy trustee of the A Bank filed a lawsuit against the incorporated foundation of this case seeking KRW 1 billion, which is a part of the instant loans, from the Busan District Court Decision 2014Da3384, and on May 30, 2014, the A Bank decided to recommend settlement that “the instant incorporated foundation shall jointly and severally with J and jointly pay money of KRW 1 billion and twenty percent per annum from March 3, 2014 to the date of full payment,” which became final and conclusive as is June 20, 2014.
Around March 8, 2011, the Defendant was registered at the competent tax office with I as the location of March 8, 201. K, the present representative of the Defendant, served as the representative director of the incorporated foundation of this case from May 3, 201 to October 13, 2015.
(e) L, J, K, and M shall be exempted from compulsory execution with respect to the following criminal facts: