손해배상(기)
1. The judgment of the first instance, including the Plaintiff’s claim changed in this court, is modified as follows.
1. The reasoning for the court’s explanation on this part of the facts is as follows, and this part of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 3: Each "Defendant" of not more than 11 shall be dismissed as "B Foundation".
Part 12 and 13 of the 5th page "based on recognition" shall be written as follows:
A person shall be appointed.
E. On June 17, 2018, during the course of the instant lawsuit, the Defendant filed a decision to commence rehabilitation procedures with respect to the Foundation B on June 17, 2018, with Suwon District Court 2018 Gohap10036. The Plaintiff reported the damage amounting to KRW 4,152,00,000,00 as a rehabilitation claim, which was filed by the lawsuit in the instant case, and the Defendant raised an objection thereto. 2) The Defendant taken over the instant lawsuit.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence Nos. 1 through 5, 8 through 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1) The plaintiff asserts that there is a rehabilitation claim equivalent to 4,152,00,000 won and damages for delay against the debtor B, on the following grounds. ① The B Foundation has prepared and delivered each of the certificates of this case to the plaintiff by the performance assistant or agent, and thus, is liable for damages due to nonperformance (the principal claim). ② The B Foundation is insolvent. ② Since it is insolvent, the plaintiff exercises by subrogation his claim against the B Foundation (the principal selective claim). ③ Even if it is not so, the B Foundation is liable for damages due to its failure to perform the duty of payment in kind in accordance with the Agreement on the Acquisition of Assets and Liabilities (the first preliminary claim).