Eerste aanleg - enkelvoudig van Rechtbank Utrecht, February 15, 2012
Spreker: | gepubliceerd |
Datum uitspraak: | 2012/02/15 |
Uitgevende instantie:: | Rechtbank Utrecht |
vonnis
RECHTBANK UTRECHT
Sector handel en kanton
Handelskamer
zaaknummer / rolnummer: 307122 / HA ZA 11-1081
Vonnis van 15 februari 2012
in de zaak van
MR. COENRAAD WILLEM HOUTMAN,
in zijn hoedanigheid van curator in het faillissement van [bedrijf 1], h.o.d.n. Autocentrum [gedaagde],
wonende te Nijmegen,
eiser,
advocaat mr. E.A.S. Jansen te Nijmegen,
tegen
[gedaagde],
wonende te [vestigingsplaats],
gedaagde,
advocaat aanvankelijk mr. A.H.J. Cornelissen te Huissen,
thans niet langer ten processe vertegenwoordigd.
Eiser zal hierna de curator genoemd worden, gedaagde zal [gedaagde] genoemd worden.
-
De procedure
1.1. Het verloop van de procedure blijkt uit:
- de dagvaarding
- de conclusie van eis in incident van [gedaagde]
- de conclusie van antwoord in incident van de curator
- het vonnis in incident van 9 november 2011
- de mededeling van de advocaat van [gedaagde] van 21 december 2011 dat deze zich als diens advocaat aan de zaak onttrekt, waarna zich voor [gedaagde] geen nieuwe advocaat heeft gesteld
- de akte inzake onttrekking advocaat [gedaagde] / akte niet dienen van de curator van
4 januari 2012.
1.2. Ten slotte is vonnis bepaald.
-
De vorderingen
2.1. De curator vordert - samengevat - bij vonnis, voor zover mogelijk uitvoerbaar bij voorraad:
a) te verklaren voor recht dat [gedaagde] jegens de boedel aansprakelijk is voor het bedrag van de schulden in het faillissement van [bedrijf 1], voor zover deze schulden niet door vereffening van de overige baten kunnen worden voldaan
b) [gedaagde] te veroordelen tot vergoeding van de schade van de boedel, bestaande uit een bedrag gelijk aan de schulden in het faillissement van [bedrijf 1], voor zover deze schulden niet door vereffening van de overige baten kunnen worden voldaan, nader op te maken bij staat, te vermeerderen met de wettelijke rente vanaf de dag van de dagvaarding (11 maart 2011) tot de dag der voldoening
c) [gedaagde] te veroordelen tot betaling van € 500.000,-- aan de curator bij wijze van voorschot op de schadevergoeding, te vermeerderen met de wettelijke rente over dat bedrag vanaf de dag van de dagvaarding tot de dag der voldoening
d) [gedaagde] te veroordelen tot vergoeding van de kosten van dit geding, te vermeerderen met de wettelijke rente daarover vanaf 14 dagen na het in deze procedure te wijzen vonnis, tot de dag der voldoening.
2.2. De curator betoogt dat [gedaagde] op grond van artikel 2:248 Burgerlijk Wetboek (BW) aansprakelijk is voor het faillissementstekort van [bedrijf 1] (hierna: [bedrijf 1]). [gedaagde] is volgens de curator vanaf 1 januari 1997 tot de datum van het faillissement (uitgesproken op 27 april 2006) bestuurder geweest van [bedrijf 1]. De curator...
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