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(영문) 서울중앙지방법원 2012.10.05 2011가합80239

손해배상(기)

Text

1. The plaintiff A, L, and the plaintiff co-litigants Q, S, T, andY shall be dismissed respectively.

2. Plaintiffs B, C, D, E, F, G, H, I, J, K, and M.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the following facts: Gap evidence 1-1-3, Gap evidence 14-1-3, Eul evidence 4-1-5-1-5, Eul evidence 4-1-5, and the whole purport of the arguments as to the fact inquiry with respect to the Korea Electric Power Corporation.

(1) The Korea Electric Power Corporation is a corporation established under the Korea Electric Power Corporation Act for the purposes of the development, generation, transmission, transformation, distribution of electricity resources, and business related thereto, and is listed on the securities market. The total number of issued stocks is 641,964,07 shares.

(2) As indicated in the separate sheet, the rest of the Plaintiffs except for Plaintiff L, as indicated in the holding status of the Plaintiffs’ shares, held a total of 75,020 shares issued by the Korea Electric Power Corporation as of December 21, 201 (from June 21, 2011 to June 6, 201) and thereafter held not less than 1/10,000 of the total number of shares issued by the Korea Electric Power Corporation.

(B) However, the Plaintiff’s co-litigants did not hold shares of the Korea Electric Power Corporation at the time of August 24, 2012, which was the date of the closing of argument in the instant case, and the Plaintiff L did not hold shares of the Korea Electric Power Corporation at the time of December 21, 2010, and thereafter acquired shares of the Korea Electric Power Corporation). (3) The Plaintiff’s co-litigants, like the Plaintiff’s share holding statement in the shares held by the Plaintiff Co-Litigation as of October 6, 201, which was the date of the application for the intervention in the co-litigation, were the shareholders who held a total of 77,5

(4) The Defendant served as Korea Electric Power Corporation from August 27, 2008 to August 29, 2011 as Korea Electric Power Corporation (Korea Electric Power Corporation’s shares at the time of August 24, 2012).

(5) The Intervenor joining the Defendant shall be between the Korea Electric Power Corporation and the Defendant, from April 2, 2009 to April 2, 2010, with an insurance coverage of KRW 20 billion, and from April 2, 201 to April 2, 201.