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(영문) 인천지방법원 2015.07.02 2014나54151
구상금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant Treatment Industry Development Co., Ltd. shall be the Plaintiff KRW 5,827,826.

Reasons

1. Basic facts

A. As to the decision to commence rehabilitation procedures for the Daewoo Automobile Sales Co., Ltd., and the company division 1) Daewoo Automobile Sales Co., Ltd. under the rehabilitation plan (hereinafter “the company before division”).

() On July 29, 2011, upon filing an application for commencing rehabilitation procedures with the Seoul Central District Court No. 2011hap105, the Defendant received a decision to authorize the rehabilitation plan on August 10, 201, and received a decision to authorize the rehabilitation plan on December 9, 201, and such authorized rehabilitation plan (hereinafter “instant rehabilitation plan”).

Pursuant to the division, on December 19, 201, the bus sales business sector and the construction business sector are separated from each other from the company prior to the division on December 19, 2011, and Defendant 2, a bus selling company, was incorporated in each of the respective divisions by the Plaintiff (formerly amended on October 25, 2012), and Defendant 2, a construction company, and the surviving company, a surviving company, was incorporated on December 20, 201 (hereinafter referred to as “Treatment Forwarding Development”).

(2) The rehabilitation procedures were determined on July 23, 2014 on the ground that it was clearly impossible to implement the rehabilitation plan while the rehabilitation procedures were in progress, and the above decision was finalized on August 7, 2014, and was declared bankrupt by Seoul Central District Court No. 2014Ha132.

The defendant 1 was appointed as the bankruptcy trustee in the above bankruptcy procedure, and he taken over the lawsuit of this case against the administrator A of the above rehabilitation procedure.

B. Under the above corporate rehabilitation process, the company prior to the division had been in arrears with wages and retirement allowances for the retired employee and employees due to aggravation of its management, and the total amount of the company prior to the division reached KRW 33,49,123,298. 2) The company prior to the division sold our capital invested shares with the permission of the rehabilitation court in order to secure operating funds around September 8, 201, and proceeds therefrom.

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