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Reasons
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(영문) 서울고등법원 2013.03.28 2012나60123
회원보증금반환채무 부존재확인
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1. The part of the judgment of the court of first instance against the plaintiff (Counterclaim defendant) regarding the principal lawsuit shall be revoked.

Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff and the Defendant-related Plaintiff (the trade name of the Plaintiff was changed from the “Mutual Development of Co., Ltd.” to the “Non-S. Non-S. Non-S. Non-S. Non-S. Co., Ltd.’s Non-S. Non-S. Non-S. Non-S. Non-S. Non-S. Co., Ltd.’s Non-S. Non-S. Non-S. Non-S. Non-S. Co., Ltd.’s Non-S.’s Non-S. Non-S. Non-S. Non-S. Co., Ltd.’s Non-S.’s Non-S. Non-S. Non-S. Co., Ltd.’s Non-S.’s Non-S. Non-S. Non-S. Non-S. P.

The Defendant (the trade name was changed from “inter-stock company” to “ Trob franchise” on March 10, 2006, and on May 2, 2009, respectively) was the Plaintiff’s parent company (parent company). Around October 16, 1997, both the Plaintiff and its affiliated companies (hereinafter “Bulul Construction”) were processed as well as the final parts of the Plaintiff’s parent company.

B. On September 10, 1998, the company reorganization procedure commenced with Seoul District Court 98No4485 on September 10, 1998, and the administrator A was appointed.

(A) On the same day, the defendant also appointed A as a custodian after the company reorganization procedure was commenced. In the company reorganization procedure for the plaintiff on October 23, 1998, the defendant reported the plaintiff as a reorganization claim the total amount of KRW 135,828,295,92, which is the principal of KRW 120,601,065,414, interest of KRW 15,227,230,578, and the total amount of KRW 135,828,295,992, which was held on November 3, 1998.

However, the Defendant did not make any report on the Plaintiff’s non-contributing membership rights, which is the same as the two-way construction, etc. classified as an affiliated company, and thus, the Plaintiff’s reorganization program established by the Plaintiff’s administrator did not establish a measure to deal with the Plaintiff’s membership rights.

Therefore, the first reorganization plan approved by the reorganization court on the same day (hereinafter “the first reorganization plan of this case”) which was adopted at the third meeting of interested persons on August 12, 1999 shall be reported by the defendant.

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