beta
(영문) 대법원 2012.10.11 2012다60909

손해배상(기)

Text

The judgment below is reversed, and the case is remanded to the Incheon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below and the records, Defendant B, the representative director of F, was actively involved by issuing the above promissory note to D when the Plaintiff, who is the actual president of F, provided a promissory note issued by F, which is anticipated to be insolvent, as collateral, and acquired the loan from the Plaintiff, and Defendant B, the representative director of F, concealed property, such as lease deposit, etc. by using the name of the restaurant that he leased and operated in order to evade the Plaintiff’s compulsory execution. Defendant C, by allowing the Defendant B to register the business in the name of the Defendant C, thereby aiding and abetting the Defendant B to facilitate the evasion of compulsory execution as above, thereby aiding and abetting the Defendant B’s act of evading compulsory execution. The Plaintiff filed the instant lawsuit seeking damages against the Defendants on the ground that the first instance court failed to submit a reply within the deadline for submission of the written reply, and the Plaintiff did not directly receive the Defendants’ report on May 9, 2012 and the evidence presented within the date for pleading 12, 2014.