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(영문) 서울고등법원 2018.01.30 2017나2041345

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The defendants are jointly and severally and severally liable for 594,790,363 won and others.

Reasons

1. Facts of recognition;

A. The relationship between the parties, etc. 1) E Co., Ltd. (hereinafter “E”).

(A) On September 2, 1970, a company established for the purpose of the real estate lease business, etc., is the building of 189.1 square meters in Seoul Jongno-gu Seoul Metropolitan Government Fropo-gu and the underground 1st floor above the above land and the 4th floor above the ground (hereinafter “instant building”).

(2) The Plaintiff and the Defendants were owned by themselves. (2) The Plaintiff and the Defendants were in the past and currently in the same position as a director or representative director of E, and the specific period of work is as follows. (A) The Plaintiff were in the company director of E from May 2, 2008 to May 9, 2013, and the representative director of E from January 14, 201 to November 30, 2012. (b) Defendant B were in the office of E from September 1978 to January 14, 2009.

C) As Defendant C’s wife, Defendant C served as E’s internal director from October 26, 2012 to November 30, 2012, and as E’s representative director from November 30, 2012, Defendant D served as E’s internal director from October 26, 2012 to October 26, 2014.

B. (1) The shareholding ratio of E, such as the shareholding ratio of E and the change in the composition of the board of directors, was undergone the following changes. (A) From the incorporation to the end of 2007, Defendant B and N,O owned the shares of E in proportion to 50%, 25%, and 25%, respectively.

(N appears to have held the above shares in P’s name) N andO transferred its shares to the Plaintiff, Q and R around the end of 2007 (N’s shares of 12.5% to the Plaintiff and Q and R, and O transferred its shares of 25% to R, respectively.

From the end of 2007, Defendant B, the Plaintiff, Q, and R hold shares of E in proportion to 50%, 12.5%, 12.5%, and 25%. 2) The organization of the board of directors of E was due to changes in the aforementioned share holding ratio, etc., and completed the following changes from the time of establishment of E to May 2, 2008 (A) from the time of establishment of E to May 2, 2008.