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(영문) 서울중앙지방법원 2017.08.25 2016가합529357

손해배상(기)

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

As of December 22, 2011, the Plaintiff Company is a corporation with the purpose of the character product design business, manufacturing, and distribution business, and the Plaintiff Company is a major shareholder and the representative director of the Plaintiff Company, who holds 6,613,870 shares issued by the Plaintiff Company as of December 22, 201.

Plaintiff

On December 22, 2011, the company was selected and appointed as the representative director at the time of commencement of rehabilitation proceedings by Seoul Central District Court 201Mo172, and the Plaintiff was appointed as the representative director at the time of commencement of rehabilitation proceedings. On November 13, 2014, C was appointed as a new manager. On December 3, 2015, in the course of the instant lawsuit (2016Gahap529364), C filed by C, a decision of termination of rehabilitation proceedings was rendered on December 3, 2015, and the Plaintiff took over the instant lawsuit (2016Gahap529364).

Defendant E worked as a branch of Defendant D Co., Ltd. (hereinafter “Defendant D”) located in Gangnam-gu, Seoul from September 27, 2011, and Defendant F served as the site site of the said school Dong branch from July 25, 201 to August 21, 2013.

Plaintiff

On November 22, 2011, the Plaintiff Company was unable to settle the bills and checks with the maturity date, and the first default amount was about KRW 160 million in the amount of D per books, approximately KRW 28 million in the amount of per books of H Bank, KRW 130 million in the amount of per books of H Bank, and KRW 318 million in the aggregate of KRW 10 million in the amount of per books of I Bank.

On November 23, 2011, the president of the Plaintiff Company discussed the measures to prevent the final default with about 10 bank employees at the Plaintiff Company's office located on the 12th floor of the Gangnam-gu Seoul building, Gangnam-gu, Seoul.

(hereinafter referred to as the “instant Countermeasure Meeting”). As a result of the instant Countermeasure Meeting, five copies of the actual bills owned by the Plaintiff Company (hereinafter referred to as “each of the instant bills”) as indicated below were set to prevent the final default upon discount from Defendant D. Accordingly, the head of the management support team of the Plaintiff Company issued each of the instant bills to Defendant F, around November 23, 2011.

5. Serial.