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(영문) 서울중앙지방법원 2016.12.02 2016가합510254

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 15, 2015, A was decided to commence rehabilitation proceedings with the Seoul Central District Court 2015dan10048 on April 15, 2015, and A was deemed as a custodian pursuant to Article 74(4) of the Debtor Rehabilitation and Bankruptcy Act, and thereafter, A taken over the instant lawsuit on April 22, 2016 by the said court upon the decision to discontinue rehabilitation proceedings.

(hereinafter referred to as "Plaintiff" without distinguishing A from before and after the commencement and completion of rehabilitation procedures.

Plaintiff

1) The Plaintiff’s wife D (hereinafter “Plaintiff’s husband”) and the Plaintiff’s wife D (hereinafter “Plaintiff’s husband”).

) The building is the 3rd floor above the ground and the 1st floor above the area E or F (hereinafter referred to as the “instant building”).

A) New Construction: (a) on May 4, 201, the Plaintiff’s share 61.39/100 of the instant building; and (b) on the same day, the registration of initial ownership was completed with respect to the instant building as the Plaintiff’s share 61.39/100; and (c) on the same day, the registration of initial ownership was completed with respect to the instant building as the

(2) The Plaintiff’s husband, from July 13, 201 to July 13, 2011, operated the instant marina (hereinafter “G”) with the trade name “G” from around July 101, but had little business performance, the Plaintiff recommended the Defendant’s husband C, who was known to the Plaintiff’s wife D, to be the owner of the instant marina (hereinafter “the instant marina”); and C recommended the Defendant’s husband, who was aware of the Plaintiff’s wife D to be the owner of the instant marina; and C recommended the owner of the instant marina (hereinafter “the instant marina”).

3) The Plaintiff’s husband and wife is the sum of KRW 50 million on August 12, 2011 and KRW 600 million on August 19, 201 (hereinafter “instant loan”). The Plaintiff’s husband and wife is the sum of KRW 600 million on August 19, 201.

(4) On August 23, 201, Lhee Construction Co., Ltd., a contractor of the instant building, borrowed the instant building without fixing the due date.