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(영문) 서울남부지방법원 2016.07.15 2014가합113327

손해배상(기)

Text

1. The defendant,

A. The Plaintiff’s Debtor Rehabilitation Debtor A’s administrator B of the Plaintiff Company KRW 972,81,391 and the Plaintiff’s administrator B

Reasons

1. Basic facts

A. 1 Status of the Parties A (hereinafter “A”)

(2) On December 31, 2013, a company established for the wholesale and retail business of fishery products is undergoing rehabilitation procedures after receiving a decision on commencement of rehabilitation procedures by Busan District Court 2013 Ma28, and B is a person appointed as a manager of A, and Plaintiff C is a person who engages in wholesale and retail business and brokerage business of fishery products in the trade name of “E.” (2) The Defendant is a person who was the chairperson of F throughg Co., Ltd. (hereinafter “G”) and H (hereinafter “H”) as the F throughg Co., Ltd. (hereinafter “H”), and I is a specialized manager who is a representative director of G.

B. Since Defendant and I continued to discuss the wording policies to improve the G’s financial structure due to the aggravation of their financial structure, Defendant and I knew that there was no intention or ability to pay promissory notes as the price for the purchase of fishery products, etc., even if they continue to purchase the fishery products, etc., as the financial structure of G has deteriorated and there is no room for easy improvement of the business. (2) Nevertheless, Defendant and I attempted to sell the fishery products, etc., which fall relatively lower than that of Defendant and I, a distributor of fishery products, etc., and Defendant and I, a commercialization thereof, by selling them to J (hereinafter “J”), etc., which is a general marketing company, to the maximum extent possible prior to G dishonor.

C. The plaintiffs' supply of fishery products to G, etc. 1) The defendant and Eul belonging to the defendant and Eul from August 25, 2008 to November 10, 2008 supplied G with fishery products equivalent to the total amount of KRW 972,881,391 won, including but not limited to the total amount of KRW 972,881,391, and they did not receive goods equivalent to the total amount of KRW 972,881,391 from G. 2) and they belong to the defendant and I. 36 times from May 7, 2008 to November 15, 2008.