손해배상(기)
The plaintiff's claim against the defendants is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. 1) The Plaintiff incurred the instant claim from August 8, 2018 to August 20, 2018, the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).
(2) However, the Defendant Company did not pay the amount of electronic parts to the Plaintiff on August 8, 2018, in addition to the payment of USD 72,800 to the Plaintiff on the part of the Defendant Company.
B. On February 20, 2019, the Defendant Company applied for rehabilitation on February 20, 2019 as Seoul Rehabilitation Court 2019 Gohap10034 (hereinafter “instant rehabilitation procedure”).
(2) On March 13, 2019, the above court rendered a decision to commence rehabilitation and appointed Defendant B as the representative director of the Defendant Company as a custodian. On July 10, 2019, the rehabilitation plan was approved on July 10, 2019 and the rehabilitation procedure termination decision was completed on December 20, 2019. (2) Meanwhile, Defendant B did not enter the instant claim in the list of rehabilitation creditors, etc. submitted to the above court until the rehabilitation procedure of this case is completed, and the Plaintiff was not notified of the decision to commence rehabilitation, and the Plaintiff did not report the claim within the reporting period.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 and 7, significant facts in this court, the purport of the whole pleadings
2. Defendant B, who is aware of the existence of the instant claim, did not enter it in the list of rehabilitation creditors intentionally or by negligence while being aware of the existence of the instant claim, and accordingly, the rehabilitation plan approval plan becomes final and conclusive without including the instant claim in the rehabilitation plan. As such, the Plaintiff suffered loss forfeited of the instant claim.
Therefore, Defendant B is obligated to compensate the Plaintiff for KRW 51,679,680, which would have been 41% of the instant claim that the Plaintiff would have been able to receive according to the rehabilitation plan, if the instant claim was entered in the list of creditors due to tort damages.
In addition, the defendant company is liable for the employer in accordance with Article 756 of the Civil Act.
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