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(영문) 서울고등법원 2017.05.12 2016나2047001
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants shall be jointly and severally liable to compensate for the damages incurred to them and Defendant B.

Reasons

1. Basic facts

A. (1) The Plaintiff is a person who was engaged in the construction business under the name of “G” and was a member of the Construction Mutual Aid Association. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a corporation established for the purpose of soil business, etc., and is entrusted with the investment certificates of the Construction Mutual Aid Association on February 25, 2013 by the Plaintiff.

(2) Defendant C was registered as a representative director on the corporate register of the Defendant Company from October 22, 2012 to June 28, 2016, and is currently the position of F, a representative director of the Defendant Company.

According to the original copy of the defendant's petition of appeal, the appointment date of the representative director of the defendant C is October 19, 2012, and the retirement date is June 15, 2015.

B. At the time of February 1, 2013 between the Plaintiff and the Construction Mutual Aid Association, the Plaintiff held 400 investment shares for the Construction Mutual Aid Association at the time of February 1, 2013 (hereinafter “instant investment shares”). At that time, the assessed amount per investment share was KRW 1,373,460, and the Plaintiff borrowed KRW 308,00,000 from the Construction Mutual Aid Association.

(2) On June 5, 2012, the Plaintiff applied for a contract guarantee to the Construction Mutual Aid Association, and paid a deposit of KRW 11,394,342, and was issued a contract guarantee. On August 17, 2012, the Plaintiff paid an additional deposit of KRW 22,740,000, and was issued an additional contract guarantee certificate.

C. On February 25, 2013, the agreement between the Plaintiff and the Defendant Company entered into between the Plaintiff, and the Defendant Company: (1) drafted a written confirmation that “A company acquires the instant investment certificate, and (1) succeeds to claims and obligations arising from operating funds, contract guarantees, etc. to the Plaintiff’s Construction Mutual Aid Association; and (2) if the contract amount is determined, it shall settle the amount with mutual agreement.”

(2) The Defendant Company is the Plaintiff on the same day, and the Defendant Company is the Plaintiff’s investment certificate of this case and all contract guarantee deposits and obligations with the Plaintiff’s construction mutual aid association.

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