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(영문) 울산지방법원 2019.05.15 2018가합23298
손해배상(기)
Text

1. The Korea Deposit Insurance Corporation of the Plaintiff Bankrupt Corporation

A. Defendant C shall be KRW 197,655,480 and this shall apply.

Reasons

1. Basic facts

A. Status 1 of the Parties A Co., Ltd. (hereinafter “A”).

On June 24, 2011, the bankruptcy trustee of Plaintiff A (hereinafter “Plaintiff A trustee in bankruptcy”) was declared bankrupt by Seoul Central District Court 201Hau72, and the Korea Deposit Insurance Corporation of Plaintiff A (hereinafter “Plaintiff A trustee in bankruptcy”).

(2) On October 29, 2013, Plaintiff B’s trustee in bankruptcy (hereinafter “Plaintiff B trustee in bankruptcy”) was declared bankrupt on the same day by Seoul Central District Court Decision 2013Hahap161, and Plaintiff B’s trustee in bankruptcy was appointed as B on the same day.

3) E was the largest shareholder holding 49% of the F’s shares on March 26, 2010, who was appointed as F’s internal director on the same day, and retired on December 8, 2010, and was appointed as F’s auditor on the same day. Defendant C was the F Co., Ltd. on December 8, 2010 (hereinafter “F”).

Defendant D assumed office as the representative director of the F. B. Defendant D obtained approval for a joint housing construction project (hereinafter “instant collective housing project”) with the purport that “164 households and 72 households of apartment units are selected and constructed as an execution company from Ulsan Metropolitan City, Ulsan-gu H and 30 lots of project site” from Ulsan Metropolitan City (hereinafter “G”) around September 2005, Defendant D took charge of the F’s accounting work, and carried out land purchase work against land owners.

2) Around September 6, 2005, G extended a total of KRW 4.4 billion from B, KRW 4.5 billion from May 30, 2006, and KRW 11.4 billion from A around July 5, 2006, and KRW 2.5 billion from July 5, 2006. (3) A agreed to acquire the instant collective housing business right from G around May 2010, G agreed to jointly bear the obligation of KRW 11.4 billion against B and A.

Since May 28, 2010, F obtained additional loans of KRW 4.25 billion from B, KRW 6.75 billion from May 28, 2010, KRW 6.75 billion from A, and KRW 11.8 billion from May 31, 2010.

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