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(영문) 서울중앙지방법원 2016.01.08 2014가합44364
손해배상
Text

1. On 701. The bankruptcy trustee of the bankrupt corporation D, which is the plaintiff's taking over of the lawsuit against the defendant corporation D, which is the plaintiff's taking over the lawsuit.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) D Co., Ltd. (hereinafter “D”).

A) A project for the development of a sports and recreational district (F golf course development project; hereinafter “instant project”) within the F.S.-gun, Busan Metropolitan City, from the Busan Urban Corporation around November 2009 to the F.S. Sightseeing Complex Development Project District in Busan Metropolitan City.

) After being designated as the priority negotiation subject, the consortiums participating in D and C&S asset management, etc. (hereinafter “instant consortiums”), and the “stock company” is omitted when specifying individual members.

2) The Plaintiff established A Co., Ltd. (hereinafter “A”) to manage the Plaintiff’s assets, and the Plaintiff entrusted A with various business activities, including management and operation of the Plaintiff’s assets, in accordance with the shareholder agreement concluded around September 2010.

3) Defendant B, as the representative director of D, was appointed as a joint representative director of A and took overall charge of the Plaintiff’s business license, management of performance, etc., and Defendant C was employed as the managing director of A and also as the managing director of A. B. (B) The settlement consultation on initial business expenses) Article 29 of the Agreement on the Stockholders of the consortium of this case (Evidence 1-3) is stipulated as follows.

① In principle, all expenses incurred in relation to the instant project and expenses incurred in establishing and operating the Plaintiff shall be borne by the Plaintiff before the Plaintiff’s establishment.

② All kinds of service expenses (design, accounting, consulting, etc.) and joint office operating expenses, business performance guarantee fees, etc. (hereinafter “original business expenses”) incurred from the occurrence of expenses incurred to select a private business operator as the private business operator of the instant case from the time of the occurrence of the expenses until the time of the establishment of the Plaintiff (hereinafter “original business expenses”) shall be borne by D, and

Provided, That the settlement ceiling shall be limited to KRW 1.5 billion, and for this purpose, various statement of expenses, such as submission of contracts related to the expenses incurred in the project in this case, shall be limited to D.

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