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(영문) 서울중앙지방법원 2014.07.18 2013가합54463

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Status 1) Plaintiff A Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Plaintiff Co., Ltd.”)

(2) Defendant B is a representative director of the Plaintiff Company from February 15, 2000 to April 5, 2012, and Defendant C works as an auditor from August 10, 200 to April 5, 2012.

B. The Plaintiff Company organized a small and medium enterprise establishment investment association as indicated in the following table at the time when the Defendants were working for the Plaintiff Company (excluding investment associations that are not related to this case; hereinafter “each of the instant investment associations”); and on its own, became an executive member of the said investment association; and E [Special Measures for the Promotion of Venture Businesses (hereinafter “Special Measures for the Promotion of Venture Businesses”)].

(2) The Plaintiff became the largest investor of each of the above investment associations and became the special partner of the company.

(A) On June 23, 2008, the title title Nos. 16-1 through 4 of the evidence No. 16-2, i.e., representative funds managers, 1 F-investment associations of KRW 1.0 billion, Defendant C-C-7 investment associations of KRW 15 billion around June 23, 2010, and Defendant C-3 I investment associations of KRW 1.5 billion around January 201, 201, Defendant C-9 (No. 4 J investment associations of this case of KRW 9), Defendant C-32.4 billion around November 1, 201, 201, and Defendant B and K-10 billion investment associations of this case of KRW 15 billion.

C. On the other hand, while the Defendants were in office as representative director or auditor, the Plaintiff Company concluded an advisory or service contract with a third party as indicated below (hereinafter “each advisory service contract of this case”).

(A) On September 1, 2010, a member of the global fund that the Plaintiff Company promoted future formation on April 6, 201, with consulting on L operation of advisory agreements, overseas market research for project investment, support for project discovery, and global funds that the Plaintiff Company promoted on September 6, 201.