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(영문) 대구지방법원안동지원 2015.07.01 2015가단20483
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As the Defendant’s judgment on the Defendant’s main defense is still in progress after having been decided to commence rehabilitation proceedings on April 23, 2014 pursuant to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “The Debtor Rehabilitation Act”), the Defendant’s lawsuit seeking payment of KRW 44,852,00, which is equivalent to the value of the relevant golf event manufactured vehicle (S60/V60; hereinafter “instant vehicle”) organized by the Defendant, should be dealt with in the instant lawsuit seeking payment of KRW 44,852,00, which is equivalent to the value of the relevant golf event held by the Plaintiff, as the final claim inspection procedure under the Debtor Rehabilitation and Bankruptcy Act. Accordingly, the Defendant’s defense of safety is unlawful.

However, rehabilitation claims subject to reporting of rehabilitation procedures under Article 148 of the Debtor Rehabilitation Act include only property claims arising from the cause prior to the commencement of rehabilitation procedures, interest or participation expenses incurred after the commencement, and damages payable due to nonperformance after the commencement of rehabilitation procedures (Article 118 of the Debtor Rehabilitation Act). The Plaintiff claims payment of the amount equivalent to the gift amount by asserting that the Defendant had neglected to work in the event held on July 1, 2014 after the decision on commencement of rehabilitation procedures was rendered against the Defendant. As such, the instant lawsuit cannot be deemed to have been dealt with in the rehabilitation procedures for the Defendant, not by the rehabilitation claims.

The defendant's main defense is without merit.

2. Determination on the cause of the claim

A. On July 1, 2014, the Plaintiff asserted that: (a) while carrying out crowdfundings at the Seo-ro 207 Scareco club operated by the Defendant (hereinafter “instant golf club”); (b) on the instant golf club No. 207, the Plaintiff was issued with the certificate of confirmation of the number of neglected persons.

Nevertheless, the Defendant did not deliver the instant case to the Plaintiff, so far.

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