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(영문) 대전지방법원 2017.02.10 2015가합102860
손해배상청구의 소
Text

1. Defendants are jointly and severally liable to the Plaintiff for KRW 5,621,384,00 and Defendant D, E, and F with respect thereto from May 29, 2015.

Reasons

Facts of recognition

On August 26, 2014, 138 persons, both of the Dong-Electronic System Co., Ltd. and 138 parties, filed an application for commencement of rehabilitation procedures with the Daejeon District Court on August 26, 2014, with the Daejeon District Court for the commencement of rehabilitation procedures with respect to A (hereinafter “debtor”). The debtor company was a company operating H golf courses and tourist accommodation (retail), which received a decision on November 27, 2014 (No. 2014 Gohap5013), and is currently implementing the rehabilitation plan after obtaining authorization of the rehabilitation plan on March 11, 2016.

B On November 27, 2014, according to the decision of the Daejeon District Court to appoint a custodian of the debtor company, the debtor company was appointed as the custodian of the debtor company. On April 11, 2016, the debtor company was changed from B to the plaintiff.

Defendant D served as the representative director of the debtor company from December 27, 2013, and served as the representative director of the debtor company and the representative director of the debtor company I (hereinafter “I”) and J Co., Ltd. (hereinafter “J”). Defendant F is a person who served as a director of the debtor company from December 31, 2013 to December 17, 2014, and Defendant E and G were a person who served as a director of the debtor company from December 31, 2013 to July 17, 2014.

Around November 27, 2013, Defendant D entered into a contract for acquisition of the shares of the debtor company with the content that Defendant D takes over the shares of the debtor company at KRW 11 billion from K Co., Ltd. (hereinafter “K”), a shareholder of the debtor company, etc. (hereinafter “K”), and paid the down payment KRW 300 million to K.

Defendant D, first of all, receives a loan from the Securities Savings Bank (hereinafter “Stock Savings Bank”) and the Credit Business Chain Partnership, etc., and pays the remainder of the acquisition price of stocks. However, Defendant D, on December 27, 2013, prior to the remainder of the date of payment (on December 31, 2013), assumed office as the representative director of the debtor company, and thereafter, Defendant D, from December 30, 2013 to December 31, 2013, had the debtor company against K and NAP Co., Ltd.

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