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(영문) 광주고등법원 2018.09.21 2018나22243

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On December 8, 2011, A Co., Ltd. (hereinafter “A”) filed an application for corporate rehabilitation with the Gwangju District Court 201Mo34 on the ground of the aggravation of management, and on December 13, 2011, the said court rendered a decision to abolish A’s rehabilitation on the ground that “No repayment or security shall be made with respect to any monetary obligation incurred before December 13, 2011,” pursuant to Article 43(1) of the Debtor Rehabilitation and Bankruptcy Act, with respect to A, the court rendered a decision to take a preservative measure that “No repayment or security shall be made with respect to any monetary obligation incurred due to the aggravation of management,” and on January 20, 2012. However, on March 30, 2012, the court rendered a decision to abolish A’s rehabilitation.”

B. Accordingly, on May 4, 2012, A applied for corporate rehabilitation again by the Gwangju District Court 2012 Gohap13, but the said court dismissed the application for commencement of the rehabilitation procedure on July 24, 2012.

C. Since September 11, 2012, A filed an application for bankruptcy with the Gwangju District Court 2012Hahap12, the said court declared bankruptcy against A on November 5, 2012, and appointed the Plaintiff as the bankruptcy trustee of A on the same day.

(hereinafter referred to as “related bankruptcy case”). D.

The Defendant, the representative director of C and E Co., Ltd. (hereinafter “E”), who was the representative director of A, was subject to a protective disposition order that “A, December 30, 2014,” from the Gwangju District Court on December 13, 2011, shall not perform any monetary obligations arising from the cause before December 13, 2011,” and “A shall not perform any repayment or offer of security,” and the Defendant conspired with C and the Defendant for the purpose of undermining other creditors, and C, on December 14, 2011, ordered G to move “H-sn beam beam”, which is its property, to the maximum number of H-sn beams to the Egyptian site located in the Gesung-gun, G to transfer the above direction to H, and ordered H to perform any monetary obligations arising from the cause before December 13, 201, to the 293,60,600 H-4,” the sn beam beamline of this case (hereinafter “the 2960,”).