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(영문) 서울고등법원 2018.06.01 2017나2053348
손해배상(기)
Text

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

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

Basic Facts

As of December 22, 2011, the Plaintiff Company is a corporation with the purpose of the character product design business, manufacturing, and distribution business, and the Plaintiff Company is a major shareholder and the representative director of the Plaintiff Company, who holds 6,613,870 shares issued by the Plaintiff Company as of December 22, 201.

Plaintiff

On December 22, 2011, the company was selected and appointed as the representative director at the time of commencement of rehabilitation proceedings by Seoul Central District Court 201Mo172.

After that, on November 13, 2014, C was appointed as a new custodian, and C was rendered a final decision on December 3, 2015 in the course of the instant lawsuit (Seoul Central District Court 2016Dahap529364), which was brought by C.

Accordingly, the plaintiff company taken over the lawsuit of this case.

From September 27, 2011, Defendant E served as the branch of Defendant D Co., Ltd. (hereinafter “Defendant D”) located in Gangnam-gu Seoul Metropolitan Government as the branch of the school Dong branch.

From July 25, 2011 to August 21, 2013, Defendant F served as the site location of the above school Dong branch.

Plaintiff

On November 22, 2011, the first defaulted Plaintiff Company was unable to settle the bills and checks of which maturity comes, and was treated as the first default.

The amount of the first default was about KRW 160,000,000 per unit of D, approximately KRW 28,000,000 per unit of H Bank, and approximately KRW 130,000,000,000,000 per unit of I Bank.

On November 23, 2011, J (the friendly type of Plaintiff A) who had worked as the president of the Plaintiff Company at the time of the occurrence of the first default, discussed measures to prevent the last default of payment together with about 10 bank-related persons at the office of the Plaintiff company located on the 12th floor in Gangnam-gu Seoul Building at the time of November 23, 201.

(hereinafter “instant countermeasures conference”). As a result of the instant countermeasures conference, five copies of the actual bills owned by the Plaintiff Company as indicated below (hereinafter “each of the instant bills”) were discounted from Defendant D and the final default was prevented.

Accordingly, the Plaintiff Company.

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