(영문) 서울중앙지방법원 2017.06.23 2016가합559785

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(영문) 서울중앙지방법원 2017.06.23 2016가합559785

손해배상(기)

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs were members of the “C golf course” (hereinafter “instant golf course”) operated by Defendant A Co., Ltd. (hereinafter “Defendant A”); Defendant A commenced rehabilitation proceedings at the Suwon District Court on April 30, 2012; Defendant A was subject to the rehabilitation plan approval on September 25, 2013; and Defendant B was the custodian at the time of the decision to authorize the said rehabilitation plan.

B. Defendant A’s commencement of rehabilitation procedures and decision to authorize rehabilitation plans 1) Defendant A applied for the commencement of rehabilitation procedures to the Suwon District Court on April 30, 2012 due to excessive disbursement of construction costs of golf courses, failure of membership sales and increase in financial costs, etc., and Defendant B was appointed as a custodian of rehabilitation procedures on the same day. Defendant B was appointed as a priority negotiating party by promoting the M&A of the issuance of new shares by a third party in the above rehabilitation procedures.

3) Defendant B changed the right to rehabilitation claims, including the instant golf course’s claim to refund membership security deposits, by means of partial cash payments, debt-equity swap, etc., and then Defendant B paid KRW 66.8 billion to D, and the rehabilitation claim, etc. with the acquisition price of new shares and the acquisition price of convertible bonds as the repayment financial resources (hereinafter “first rehabilitation plan”).

(4) Defendant B requested postponement of the date of assembly of related persons for the deliberation and resolution of a rehabilitation plan to the rehabilitation court on August 21, 2013, on which the date of assembly of related persons was set on August 21, 2013. The date of assembly of related persons was set on August 25, 2013. The date of assembly of related persons was extended on September 25, 2013.

5) Defendant B, Sept. 25, 2013, on September 25, 2013, on the date on which the assembly of related persons is held for the examination and resolution of the

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