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(영문) 서울중앙지방법원 2014.05.30 2013가합4635
파산채권조사확정결정에대한이의
Text

1. On December 11, 2012, Seoul Central District Court Decision 2010Had-132 (2010Had-20) decided the bankruptcy claim inspection proceedings as follows.

Reasons

1. Basic facts

A. A. Around May 24, 2006, the debtor B Co., Ltd. (hereinafter “debtor”) entered into a sales agency contract with the company, the agent of performing the business of removing the existing EF shopping mall and rebuilding the “G shopping mall” (hereinafter “instant shopping mall”) on the D’s ground, Jung-gu, Seoul, and entered into a sales agency contract with the company, the agent of performing the business of rebuilding the “G shopping mall,” and thereafter, performed the sales agency business of the instant shopping mall from that time.

The plaintiff served as the chief executive officer of the debtor company.

B. The debtor company prepared a sales contract in the name of the debtor company, not in the name of the "H reconstruction project association" but in the name of the debtor company, and did not perform its duty to allow them to purchase the commercial building of this case.

On the other hand, due to the above criminal acts, accurate positions in the former representative director's corporate register are "representative director".

I, Full-time J et al. was convicted of the Seoul Central District Court 2008 Ma1138, 2008 Ma1288 (Joint).

[The above judgment was affirmed through the final appeal (2009Do11679) after a partial change in its contents was made in the appellate court (Seoul High Court 2009No981). The final judgment of this case (hereinafter referred to as the "criminal judgment of this case").

On June 25, 2010, the debtor company was declared bankrupt by Seoul Central District Court 2010Hahap20, and the defendant was appointed as the bankruptcy trustee of the debtor company on the same day.

In the above bankruptcy procedure, the Plaintiff invested in the debtor company as a joint and several surety for the debtor company's debt 90 million won, 3 billion won for indemnity bond due to the joint and several surety for the debtor company's debt, and 996 million won for damage claim arising from the fraud after investing in the debtor company as the proceeds of the sales contract of the commercial building of this case, and held the bankruptcy claim of KRW 6.384 billion in total.

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