손해배상 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff holds four copies of the 19th Non-Guarantee Private Offering Bonds Co., Ltd. (hereinafter “Defendant Company”), the par value of which is KRW 100 million, the issue date of October 29, 2013, and October 29, 2015 due date. The Plaintiff holds four copies of the 19th Non-Guaranteed Private Offering Bonds Co., Ltd. (hereinafter “each of the bonds certificates of this case”).
(B) The Plaintiff’s claim against the Defendant Company in accordance with the above corporate bond (hereinafter “instant claim”).
The Suwon District Court (hereinafter referred to as the “Rehabilitation Court”) rendered a decision to commence rehabilitation procedures (hereinafter referred to as “instant rehabilitation procedures”) with respect to the Defendant Company on April 25, 2014 pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), and decided that the period for submitting a list of rehabilitation creditors, rehabilitation secured creditors and shareholders from April 25, 2014 to May 9, 2014; the reporting period for rehabilitation claims from May 12, 2014 to June 2, 2014; the rehabilitation claim inspection period from June 3, 2014 to June 23, 2014 to June 23, 2014; and Defendant B, the representative director of the Defendant Company, as the custodian of the Defendant Company.
C. Since then, Defendant B, who became a custodian of the Defendant Company, did not enter the instant claim in the list of rehabilitation creditors submitted to the rehabilitation court, and did not report the instant claim to the rehabilitation court as a rehabilitation claim within the reporting period of the instant rehabilitation claim.
On September 17, 2014, the first meeting of interested persons was held to examine the rehabilitation plan on September 17, 2014 by convening the meeting of interested persons.
(The date and time of the first meeting of interested parties determined at the time of commencing the rehabilitation procedure was July 23, 2014, but the date was changed. (E)
On November 26, 2014, the Plaintiff reported the completion of the rehabilitation claim of this case to the rehabilitation court. On the same day, the rehabilitation court is about the second and third assembly of related persons and the rehabilitation claim, etc. reported as supplementary rehabilitation claims after the reporting period.