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(영문) 서울중앙지방법원 2017.07.12 2016가단5237250

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2013, the Plaintiff agreed to join the two-dimensional membership membership with D Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) as a member of the golf course operated by the Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) for a total of KRW 60 million.

The Plaintiff paid KRW 100 million to the Nonparty Company as a security deposit for participation.

B. On December 30, 2013, E golf Co., Ltd. completed the registration of ownership transfer on a golf course site, and completed the registration of trust in the future of Gan Real Estate Trust Co., Ltd.

C. The Plaintiff filed a lawsuit against the non-party company claiming the return of the admission fee (U.S. District Court Sungnam Branch 2016Kadan210145) where the Eschi golf did not succeed to the obligations of the non-party company against the members of the golf course.

Defendant B served as the representative director of the non-party company from September 20, 201 to September 13, 2012, and from December 13, 2012 to August 20, 2013, and Defendant C served as the representative director of the non-party company from September 13, 2012 to December 31, 2012.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. The Defendants, the cause of the Plaintiff, while holding office as the representative director of the non-party company in around 2012, leased the amount of more than one billion won to the executives of the company, thereby causing damage to the non-party company in violation of their duties as the representative director.

The Plaintiff, a creditor of the non-party company, claims damages from the Defendants on behalf of the non-party company.

3. If the statement in Gap evidence No. 6 added the purport of the whole pleadings, the auditor of the non-party company as of the end of the fiscal year 2012 shows that "the current business losses and net losses of the company as of the end of the current fiscal year are KRW 3,017,00,000, KRW 7,389,000, and the current operating losses and net losses of the current fiscal year exceed KRW 57,825,000,000, and the cumulative losses exceed the total assets of the current fiscal year, and the total liabilities exceed KRW 90,64,00,000,000 with cumulative losses, and there is a serious doubt about the ability to continue the business as a continuing company."