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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. C (the representative D; hereinafter “C”) was a company engaged in the manufacture and sales of furniture with the brand called “E” and was finally insolvent on September 24, 2013 due to the aggravation of financial standing.
B. The Plaintiff is a company that was established and actually operated by G, the representative director of the F Co., Ltd. F (hereinafter “F”), which supplied C with materials, such as MDF, at the time of C’s default. The Defendant is a person who displayed and sold C’s furniture, etc.
C. On October 2013, 2013, the 20 companies, among the creditors of C, including the Plaintiff, constituted a claim group and elected F as the representative of the claim group, and F made a power of attorney to the effect that “F shall delegate all the powers to collect and terminate all the current claims to C.”
C) On October 15, 2013, the F prepared a power of attorney to delegate the F with respect to “an act, such as preservation and disposal of all assets owned by C, such as real estate, bonds, and corporeal movables,” and issued C’s corporate identification card and corporate identification card to G, the representative director of F at the time.
E. G, the representative director of F, was recovered from transfer of credit amount, etc. from C’s customers, etc. to the Plaintiff’s account practically operated by C based on the exclusive right to preserve and dispose of the assets of C delegated by C, and the F was repaid KRW 60 million. The F was issued a written agreement with the members of the claim group, including B, to repay an amount equivalent to 10% of their respective claims, and to receive an amount equivalent to 10% of the above claims from the members of the claim group and to redeem the remainder of the claim against C.
F. G, the representative director of F, was collected on February 10, 2019, and stored for C by recovering C’s credit payment, etc. on the basis of the former authority regarding C’s asset preservation and disposal delegated by C.