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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff and F Co., Ltd. (hereinafter “Nonindicted Company”) are both companies operating clothing wholesale and retail business. Defendant B is the representative director of the Nonparty Company. Defendant C is the managing director, Defendant D’s managing director, and Defendant E was working for the Nonparty Company in the duties of directors (However, the remaining Defendants except Defendant B were not listed as directors in the corporate register of the Nonparty Company). Defendant E was a working person under instruction and supervision of the remaining Defendants.
And G is the representative director of the plaintiff, and H was working for the plaintiff's director's office (However, it was not registered on the plaintiff's corporate register).
On November 29, 2013, upon filing an application for commencement of rehabilitation procedures, Nonparty Company received a decision to commence rehabilitation procedures on December 30, 2013 as Seoul Central District Court Decision 2013Nu262, and on August 27, 2014, it received a decision to authorize rehabilitation procedures.
(hereinafter referred to as “instant rehabilitation procedure”). Article 3 (Production of Products)
1. In principle, the trustee shall produce the products in accordance with the truster’s instructions, such as the production instruction and the APPOVAL consortium, and if the truster’s request is a technical problem, he/she shall obtain the truster’s confirmation prior to production input;
Article 4 (Ex Post Facto Management)
2.In principle, the goods supplied by the trustee to the truster shall be treated as follows in the event of a difference between the truster's work instructions and the actual goods:
1) ACT POE ACT ACT. - Where the payment period is not observed as agreed upon by the truster and the trustee, the trustee may obtain an extension of the period upon approval of the truster, specifying the reasons therefor.
In this case, if the truster's approval is not obtained, it shall be recognized only with the official seal of the representative director of the trustee, and the contract shall be approved and extended 10 days prior to the specified payment period.
-the extension of the due date of the consignor shall be one-lane.