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(영문) 서울고등법원 2015.05.15 2014나2039754
채무부존재확인
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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Eul evidence Nos. 3, Eul evidence Nos. 5, Eul evidence Nos. 6, Eul evidence Nos. 8, Eul evidence Nos. 9, Eul evidence Nos. 11-1, 2, Eul evidence Nos. 12, Eul evidence Nos. 13, Eul evidence Nos. 14-1 through 31, Eul evidence Nos. 15-1 through 19, Eul evidence Nos. 17, Eul evidence Nos. 33 through 41.

1) Status of parties to the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”)

The purpose of the Plaintiffs is to receive deposits and installment savings, to borrow funds, and to engage in the business of receiving deposits and installment savings. The Plaintiffs are those who were or were currently serving as an employee of the Promotion Savings Bank from August 2010 to May 2013. (2) The Promotion Savings Bank was declared bankrupt on May 20, 2013 by the Seoul Central District Court 2013Hahap64, and the Defendant was appointed as a trustee in bankruptcy of the Promotion Savings Bank on the same day.

B. 1) The Promotion Savings Bank on January 9, 2006 (hereinafter “fourth-party capital increase”) refers to the Plaintiff’s acquisition of new shares and the establishment of a loan account.

(1) The term “five-party capital increase shares” refers to the term “five-party capital increase shares.”

(1) As to July 26, 2007, each subscription to new shares is made (hereinafter “6th subscription to new shares”).

In the case of both capital increase with capital increase over three times, the “each of the instant capital increase shares” shall be deemed to have been paid.

(2) At the time of acquisition of new shares, the Promotion Savings Bank established each loan account with the amount equivalent to the purchase price of new shares as the loan amount of each of the plaintiffs in the name of the plaintiffs on the day when new shares were acquired in the name of the plaintiffs.

The specific amount of the loan is identical to each relevant loan specified in the “Indication of Loan Agreements and Loans,” and the terms and conditions of a specific loan contract (hereinafter the above loan contract is referred to as the “each of the instant loan contracts”) are as specified in the following [Attachment 1]:

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