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(영문) 부산지방법원 2016.07.13 2015가합48927
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The management of the Busan Savings Bank (hereinafter “BO Savings Bank”) established a special purpose corporation by borrowing the name of its executives and employees in the name of its family members or branch members in order to operate real estate business or obtain a loan for business funds by avoiding restrictions under the Mutual Savings Bank Act that limits the scope of business of the mutual savings bank to credit business, etc., and then registering them as stockholders or executive officers, the management of the Busan Savings Bank (hereinafter “BO Savings Bank”) operated the loans to the special purpose corporations established as above and operated the real estate execution business through the special purpose corporation.

B. The Plaintiff, from around 2005, while working as an employee of the Busan Savings Bank, borrowed his relative and her name in order to register as an officer of the special purpose corporation, opened an account under the name of the nominal lender, and used the money deposited in the said account as wages while managing the said account directly.

C. On May 201, the Busan Savings Bank was subject to business suspension by the Financial Services Commission for reasons of business insolvency, and thereafter its employees were appointed as the manager of the Busan Savings Bank.

On June 22, 2011, the Central Investigation Department of the Supreme Prosecutors' Office requested the Plaintiff to return the amount of KRW 578,979,420 which the Plaintiff received unfairly in connection with a special purpose corporation (hereinafter "each of the instant notes") and delivered it to the Defendant.

Busan Savings Bank requested the Plaintiff to pay the money in accordance with the instant notes, and filed a lawsuit against the Plaintiff (Seoul District Court 201Gahap17963, hereinafter “instant lawsuit”), and was sentenced to a judgment of non-litigation in full winning on November 24, 201 (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

Afterward, Busan Savings Bank on August 16, 2012.

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