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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company whose purpose is timber and joint wholesale business necessary for the production of a household, and C (hereinafter “C”) is a company that aims at the production and sales business of the brand household of “E”, and the Defendant also aims at the production and sales business of the brand household of “E” (representative: director F and F are the leakage of representative director D) of “E”.
B. From January 2013, the Plaintiff has maintained transactional relations, such as supplying C with wood and jointboards, and receiving bills issued by C with the price. C was finally insolvent on September 24, 2013 due to the aggravation of financial standing.
C. On October 2013, 2013, the 20 companies, including the Plaintiff, among the creditors of C, constituted the claim group (hereinafter “the claim group of this case”) and elected the Plaintiff as the representative of the claim group. Around that time, the members of the claim group of this case, from October 7, 2013 to October 10 of the same month, prepared a power of delegation to the Plaintiff, stating that “the members of the claim group of this case shall delegate all the powers regarding collection and completion of all the claims currently held in C,” and C also signed a power of delegation to the Plaintiff on October 15, 2013, regarding “all acts, such as preservation and disposal of all assets owned by C, including real estate, bonds, and corporeal movables,” and signed a power of delegation to the Plaintiff.
G, the representative of the Plaintiff, received credit payment, etc. from C’s business partners, etc. based on the entire right to preserve and dispose of its assets delegated by C to H Co., Ltd. (hereinafter “H”), and recovered the amount of credit payment, etc. from the account of H Co., Ltd. (hereinafter “H”), and as part of the recovered amount, repaid 10% of their respective bonds to the members of the instant bond group.
The members of the claim group of this case are paid 10% of their respective claims, and the following contents are as follows.