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(영문) 광주지방법원 2017.06.22 2015가합3732

손해배상금

Text

1. The Plaintiff:

A. Defendant B: (a) KRW 1,500,000,000 and 5% per annum from February 16, 2012 to August 7, 2015;

Reasons

1. Basic facts

A. On April 28, 2010, the Plaintiff filed an application for commencement of rehabilitation procedures with the Gwangju District Court 2010 Gohap14 and received a decision to commence rehabilitation procedures on May 28, 2010. On December 15, 2010, the Plaintiff obtained a decision to commence rehabilitation procedures and completed rehabilitation procedures on February 8, 2012.

B. (1) Around February 15, 2006, Defendant B was appointed as the representative director of the Plaintiff, and was dismissed on December 15, 2010, and on May 28, 2010, Defendant B was appointed as the joint manager and retired on December 20, 2010.

After that, on January 21, 2011, Defendant B was appointed as the representative director of the Plaintiff according to the decision of appointment of the rehabilitation plan and resigned on February 14, 2012, and D was appointed as the representative director of the Plaintiff on February 14, 2012.

(2) On February 18, 2011, Defendant C was appointed as the Plaintiff’s administrator, and on February 8, 2012, the custodian’s duties were terminated.

C. (1) On June 11, 2010, the Plaintiff constituted a joint supply and demand organization with SK Construction Co., Ltd. (hereinafter “SK Construction”) and six companies, and was awarded a contract with the E Construction Co., Ltd. (hereinafter “E”) for the instant construction project.

(2) On December 29, 201, the Plaintiff received KRW 4,003,332,00 (Plaintiff’s share) for the 3,108,134,683 (from June 201 to November 201) of the instant construction project. The Plaintiff did not pay KRW 3,108,134,683 (from June 201 to November 201) for the said joint supply and demand company’s representative.

On January 2012, Defendant C, the trustee of the Plaintiff, filed an application with the rehabilitation court to permit the payment of KRW 3,108,134,683 of the common costs in the above completion amount to the SK Construction, and received the payment permission from the rehabilitation court.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The parties' assertion

A. (1) On January 31, 2012, Defendant B withdrawn KRW 3,108,134,683 of the co-won’s share to be paid to SK in the Plaintiff’s account at one bank account, and then, 1,608,134.