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(영문) 서울중앙지방법원 2016.03.09 2014가단161163
약속어음금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts without dispute;

A. From August 23, 2012 to January 2, 2013, the Plaintiff was the final holder of each of the following promissory notes issued by the Defendant Company in the name of several Co., Ltd. for seven occasions, and each of the said promissory notes was lawfully presented within the payment deadline, but all of the said notes were refused to pay.

CD D D D D D

B. On February 22, 2013, Defendant Company was appointed as a custodian upon receipt of a decision to commence rehabilitation procedures, and upon receipt of a decision to authorize rehabilitation plans on April 7, 2014, Defendant Company received a decision to terminate rehabilitation procedures on June 16, 2014.

(T) Daegu District Court 2013 Gohap5).

The Plaintiff did not report the above promissory note claims until the completion of rehabilitation procedures, and did not state the above promissory note claims in the list of rehabilitation creditors prepared by Defendant B.

2. Determination as to the cause of action

A. The Defendant Company intentionally omitted the Plaintiff’s promissory note claim from the list of rehabilitation creditors, and Defendant B, appointed as the administrator of the Defendant Company’s rehabilitation procedures, did not perform its duty of care to intentionally omit the Plaintiff’s promissory note claim, or to investigate whether the Plaintiff’s claim was omitted in the list of rehabilitation creditors and correct

Due to these illegal acts committed by the Defendants, the Plaintiff’s claim for promissory notes was unable to receive KRW 315,520,000, which is equivalent to the total amount of the new shares to be paid in cash or to be received through debt-equity swap according to the rehabilitation plan authorized by the forfeiture

Therefore, Defendant B, the employer of Defendant B, sought damages from Defendant B’s illegal acts related to Defendant B’s business execution, and as a preliminary tort, Defendant B, the tortfeasor.

B. The authorization of the rehabilitation plan is given that rehabilitation creditors did not report their claims because they did not know about the rehabilitation procedure.

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