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(영문) 서울중앙지방법원 2014.04.17 2013가합539261
손해배상(기)
Text

1. The Plaintiff, Defendant A, Defendant A, Defendant B, Defendant B, and Defendant C, KRW 24,639,104, and each of them.

Reasons

1. Basic facts

A. The Busan Savings Bank Co., Ltd. (hereinafter “UB Savings Bank”) is a limited company D (hereinafter “D”) with the amount of KRW 430 million on November 24, 2009 and KRW 217 billion on February 12, 2010; and

4. 28.10 million won, and the same year.

7. Each loan of KRW 250 million was made on April 23, 2013, and the balance of the loan principal as of April 23, 2013 is KRW 1.027 billion in total.

(hereinafter “instant loans”). (b)

Defendant A was paid KRW 143,723,240,00 per month as the representative director or director of D from December 2, 2006 to March 201; KRW 60,315,640 per month for the benefit of approximately one million from July 2006 to February 2011; and KRW 30,798,880 per month for the benefit of the said company as the auditor of the said company from January 2009 to February 201.

C. D was a special purpose corporation established and operated by the Busan Savings Bank, and the Defendants leased the name to D upon request of F, a representative of E Co., Ltd., and then affixed or processed documents related to the establishment and operation of the company according to the direction of the Busan Savings Bank, and did not actually perform its duties as its officers.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 4, 7 through 9, 11, 13, Eul evidence Nos. 2 and 3 (including paper numbers)

2. In this case where the defendants, the bankruptcy trustee of the Busan Savings Bank, seek monetary payment against the defendants in subrogation of D in order to preserve the claims for the loans of this case, the Busan Savings Bank held all the shares of D. Thus, the loans of this case are substantially limited to the extension of credit to themselves, and thus loans are extended.

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