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(영문) 서울북부지방법원 2017.05.25 2015가합25628
손해배상 등
Text

1. The Defendant shall pay Plaintiff A corporation KRW 10,00,000, and KRW 20,000,000 to Plaintiff B as well as each of the above amounts.

Reasons

1. Basic facts

A. 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) is a company that constructed F (hereinafter “instant golf course”) located in the E Group (hereinafter “instant golf course”) after being awarded a contract with D (hereinafter “D”), and Plaintiff B is the spouse of G who was the representative director from 1988 to January 30, 2015. (2) The Defendant held membership rights of the instant golf course to the effect that the instant golf course is converted into a public golf course upon the commencement of the rehabilitation procedure (government District Court 2011 Ma28) against D, and the rehabilitation plan was authorized to the effect that the instant golf course is converted into a public golf course, the person who became D’s shareholder pursuant to the rehabilitation plan is affiliated with the F Shareholders’ Council.

B. D’s operation of the instant golf course and rehabilitation procedures, etc. (1) from around 2007, even though D had been developing and operating the instant golf course, it was not possible to repay PF loans due to failure to sell membership rights. Ultimately, D was decided by the District Court of the Republic of Korea on December 9, 2011. However, it is clear that D’s government district court, which was awarded a successful bid around January 201 by Plaintiff A (hereinafter “H”) for a public sale of the instant golf course site and ground building upon Plaintiff A’s application of the construction cost creditor, on the wind that D could not repay its obligation in accordance with the rehabilitation plan authorized in the rehabilitation procedure, and thus, it is evident that D’s execution of the rehabilitation plan could no longer be possible in light of the fact that the instant golf course, which is a major business asset of D, was sold in the public sale procedure, and thus, D’s sales of the instant golf course, making it impossible to generate profits through its business.

In this regard, the decision was made to discontinue the rehabilitation procedure for D.

3) On February 28, 2014, H received approval from the Governor of the Gyeonggi-do to revise a business plan with respect to the instant golf course from D to H, and currently operates the instant golf course under the name of “I”. D’s shareholders are subject to the abolition of D’s rehabilitation procedures, and H is the site of the instant golf course.

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