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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 16, 2012, A Co., Ltd. (hereinafter “A”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the bankruptcy procedure is in progress. The Plaintiff is a person appointed as a bankruptcy trustee of A.
B. D Co., Ltd. (hereinafter “D”) obtained a total of KRW 8,007,00,000 from A on and after September 1, 2005, several times. The balance of each of the above loans as of April 1, 2013 is KRW 5,741,319,440 in total.
C. Defendant B was registered as D’s auditor from September 5, 2003 to September 27, 2006 upon the recommendation of the representative F of E Company in charge of accounting affairs of A’s special purpose corporation (SPC), and Defendant C was registered as D’s auditor from December 27, 2006 to December 27, 2006.
D. Defendant B received a total of KRW 44,750,000 on 31 occasions from June 2007 to December 2009, and Defendant C received a total of KRW 43,50,000 on 35 occasions from February 2007 to December 2009, respectively.
E. Meanwhile, D is missing from the status of excess of obligations as of the date of the closing of the instant argument.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, 7, and 8, and purport of the whole pleadings
2. As to the plaintiff's claim for the loans against D as the preserved right in subrogation of D, the defendants' unjust enrichment return or claim for damages on behalf of D, the defendants asserted that A made an investment in D, a special purpose corporation, in the form of loan, and thus, it cannot be claimed for its return. Thus, the plaintiff's preserved claim against D does not exist.
As seen above, A extended a total of KRW 8,007,00,000 to D several times and held the remaining loans of KRW 5,741,319,440 as of April 1, 2013. Even if D constitutes a special purpose corporation established by A, such fact alone is not sufficient to regard each of the above loans that A paid to D as investments, and there is no other evidence to acknowledge it.