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(영문) 창원지방법원 2016.08.18 2016가합52265
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 23, 2015, the Plaintiff is a custodian of A, a rehabilitation corporation, the rehabilitation procedure of which is in progress following the decision to commence rehabilitation procedures in accordance with the Changwon District Court 2015 Gohap1063 Decided November 23, 2015.

A Co., Ltd., a rehabilitation corporation, is a company established on November 2, 2004 for the purpose of manufacturing and selling V and width, refrigerants and processing business of automobile parts, automobile precision parts processing business, etc., and the trade name until December 24, 2009 was C Co., Ltd.

(hereinafter referred to as “A”) regardless of the time to avoid confusion with Defendant C Co., Ltd.

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) was newly established as a company aimed at manufacturing V and parts, which was separated from A around September 19, 2014.

C. The Plaintiff maintained the marriage relationship between Defendant E and May 1989 and February 2015.

Defendant D’s representative director is the same as Defendant E’s birth.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, 12 (including each number), the purport of the whole pleadings

2. Determination as to the claim for damages caused by a tort (main claim)

A. The gist of the Plaintiff’s assertion is that the Plaintiff merely held a title trust with Defendant E, D, etc. on account of a problem such as bad credit standing, and actually managed A.

On May 2014, the Plaintiff came to know of Defendant E’s incompetence, and was appointed as A’s representative director after collecting the stocks held in title by Defendant E during June 2014.

At the time, Defendant D was responsible for the head of A's V V business headquarters. However, upon the occurrence of the above problem, Defendant D instigated the employees to submit a private list to the organization by providing all the employees of the KV business department to the Plaintiff during August 2014 and providing all the employees of the KV business division in response to serious financial crisis.”

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