손해배상
1. Of the judgment of the court of first instance, KRW 10,00,000 against the Plaintiff and its related thereto from January 12, 2016 to November 18, 2016.
1. Basic facts
A. The Plaintiff is a company that constructed a G in the F Group (hereinafter “instant golf course”). The Defendant is a person who belongs to the G Shareholders’ Council (hereinafter “G Shareholders’ Council”) comprised of the persons who become E in accordance with the rehabilitation plan authorized in the rehabilitation procedure for E (Korean Government District Court 2011 Ma28) after acquiring the instant golf course membership from E Co., Ltd. (hereinafter “E”) or acquiring the membership from a third party.
B. (1) Since around 2007, E, including the operation of the golf course and the rehabilitation procedure, had been established and operated for the golf course in this case, but the PF loans were not repaid due to failure in the sale of membership, and the decision was rendered by the Jung-gu District Court on December 9, 201.
However, the instant golf course site and ground buildings were sold by public auction, and H Co., Ltd. (hereinafter “H”) which is the Plaintiff’s subsidiary company, was awarded a successful bid on the wind that E cannot repay its obligation according to the rehabilitation plan authorized in the rehabilitation procedure.
(2) On February 28, 2014, H is currently operating the instant golf course under the name of “I”, subject to a disposition of approval for modification of a business plan with respect to the instant golf course from the Gyeonggi-do Governor to H.
(3) In light of the fact that the instant golf course, which is a major business asset of E on January 29, 2014, was sold in the public sale procedure and became unable to generate profits through the golf course business, it is evident that E is unlikely to implement the rehabilitation plan.
In light of this, the decision was made to discontinue the rehabilitation procedure for E.
(4) The shareholders of E have abolished the rehabilitation procedure for E and H commenced the business after purchasing the site of the golf course in this case. The appeal and reappeal against the discontinuation decision of the rehabilitation procedure in this case, application for revocation of the authorization decision of the rehabilitation plan, and the claim for revocation of the approval decision of the modification of the above business plan.