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(영문) 서울고등법원 2019.05.23 2017나2072554

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) The Plaintiff is a company established on April 29, 1996 and engaged in manufacturing, selling, etc. of power generators, and the Plaintiff is currently not engaged in its business as of April 29, 2012 after the registration of the KOSDAQ was revoked. (2) The United States of America (O, P, hereinafter “O”) and Defendant C were appointed as the Plaintiff’s intra-company director on March 29, 201; and Defendant B as of March 28, 201, respectively; and theO worked as the representative director from March 29, 2010 to April 29, 201; and the Defendants worked as the Defendants’ representative director from April 29, 201 to February 10, 2012. < Amended by Act No. 10637, Mar. 29, 2010; Act No. 10654, Feb. 10, 2012>

C When an investigation was initiated on the charge of a crime, such as occupational breach of trust, in relation to the management of the plaintiff, the person who escaped to the United States on August 2, 201 and is still in the state of suspension of prosecution.

B. Around November 2010, 2010, theO borrowed KRW 1 billion from M under the Plaintiff’s name as the representative director, and KRW 1.2 billion from N around December 20 of the same year. M did not receive the above loan, upon receipt of an application for a payment order against O and the Plaintiff under the Seoul District Court Decision 201j304, Namyang-si, Seoul Special Metropolitan City Court, order for payment of KRW 200 million and its delay damages was decided on August 129, 201. N did not receive the above loan, and the Plaintiff filed a petition for bankruptcy with the Seoul Central District Court on April 13, 201, regarding the Plaintiff’s 200,000,000 won, KRW 1.3 billion,000,000,000,000,0000,000,0000,000 won and KRW 3.1.13 billion,000,000,00.

The Plaintiff on the following day pursuant to the instant agreement.