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(영문) 서울고등법원 2016.09.30 2015나31492 (1)

손해배상

Text

1. The part against Defendant D among the judgment of the court of first instance is revoked, and the plaintiff who falls under the revoked part is against Defendant D.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of financial investment business, such as investment trading business, investment brokerage business, collective investment business, investment advisory business, discretionary investment business, trust business, etc. under the Financial Investment Services and Capital Markets Act. 2) Defendant B entered the Plaintiff on March 22, 2000 and became an executive director on July 19, 2004. Since April 1, 2009, the Plaintiff was responsible for the management of the Plaintiff’s financial affairs as COF and CFO, and was promoted to the vice president on July 1, 201, and worked as the head of the COO until the dismissal of the Plaintiff on July 12, 2013.

3) On January 27, 2010, Defendant C, an executive director of the Plaintiff, takes charge of, and provides advice on, business affairs related to the disclosure of enterprises (IPO), capital increase issuance, issuance of revolving bonds, financing financing, merger, and acquisition for customers. A vice president is appointed on May 11, 2010 and has served as a general manager of the IB headquarters until January 26, 2013. (4) Defendant D, who entered the Plaintiff on April 9, 2007 and entered the Plaintiff on January 19, 2009 to take charge of the business affairs related to the investment of the securities company, with its own assets owned by the PI Team from January 19, 2009 to obtain profits from the investment.

From October 1, 2009, a person who has served as the general manager of the PI Team until July 31, 2013 after being promoted to the team leader of the PI Team.

5) G is a director and representative director of the Plaintiff from March 17, 2000 to September 3, 2007; from September 4, 2007 to December 28, 2012; L is a person who served as a director of the Plaintiff; from November 23, 2006 to July 24, 2007, the Plaintiff’s director; and from July 25, 2007 to February 25, 2013, G is a person who served as the Plaintiff’s director and representative director; 6 G is a limited company (hereinafter “E”); and on June 15, 2007, a limited liability company that is one company operating a private equity fund. < Amended by Act No. 8537, Nov. 23, 2006; Act No. 8528, Jun. 15, 2007>