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(영문) 서울중앙지방법원 2018.06.28 2018나3211

손해배상(기)

Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiff's defendants who correspond to the above revocation part.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. Defendant B is an authorized person who entered into the delegation contract of this case with the Plaintiff, and Defendant C is obligated to perform the duty of due care of a good manager according to the terms of delegation as a counter-consigner for the delegation contract of this case. However, in violation of this provision, Defendant C is obligated to compensate for damages equivalent to the above amount of money by the Plaintiff due to the nonperformance of the delegation contract of this case by either intentionally or by gross negligence, by failing to prepare the list of creditors of the application for bankruptcy against the Plaintiff, and omitting a national bank specified in the Credit Certification Forwarding Details Inquiry Council, thereby excluding the obligation to the national bank. The declaration of bankruptcy and exemption of the Plaintiff was finalized. The national bank then deposited the Plaintiff’s deposit of KRW 45,822,020.

(A) Defendant D is an attorney-at-law in charge of the Plaintiff’s bankruptcy petition case, and Defendant D is an attorney-at-law in charge of the Plaintiff’s bankruptcy petition case, and Defendant D is liable for damages equivalent to the above KRW 45,822,020 of the Plaintiff’s deposit from a national bank, and Defendant D and E are jointly and severally liable to the Plaintiff as an employer of a legal entity or Defendant E, under Article 35 of the Civil Act, for damages equivalent to the above KRW 45,82,02,00, when preparing a list of creditors of the application for bankruptcy against the Plaintiff and preparing a list of creditors of the application for bankruptcy.