beta
(영문) 서울중앙지방법원 2019.09.05 2017가합559348

손해배상(기)

Text

1. The defendants jointly do so to the plaintiffs, each of the amounts stated in the claim column for each plaintiff in the attached Table 2 sheet, and each of the above amounts.

Reasons

1. Basic facts

A. Nonparty E (hereinafter “Nonindicted Company”) is a corporation whose trade name was changed from “F” on December 30, 2015, or whose trade name was changed and which was listed on KOSDAQ for the purpose of domestic and foreign distribution business, etc.

The Plaintiffs are investors who purchased or sold non-party company’s shares in the KOSDAQ market from November 4, 2015 to February 29, 2016.

B. The Defendants were a person who was an executive officer of the non-party company as indicated in the following table, and Defendant C served as an internal director and a representative director of G Co., Ltd. (hereinafter “G”) for the purpose of investment business from March 23, 2015 to September 21, 2016.

A. From March 30, 2016 to June 30, 2017, an internal director B B B B on July 24, 2015 to December 22, 2015, 19 up to December 30, 2015, in the position between the in-house director and the representative director C from December 30, 2015 to September 9, 2016, the in-house director from December 30, 2015 to September 25, 2016 to the representative director from February 25, 2016 to September 4, 2016. < Amended by Act No. 13508, Dec. 30, 2015; Act No. 14478, Feb. 24, 2016>

C. Since March 2015, G had been actually operated by H and I, and Defendant C had become the children of the above I.

From October 19, 2015 to December 2, 2012 of the same year, the non-party company posted on its website or provided the press materials to the effect that “The non-party company, through business partnership with G, intended to supply consumption, etc. to the Chinese market via L (M and N LLC), a subsidiary company of J (K and N LLC) that is the second-class petroleum company in China.”

On July 24, 2015, Defendant B owned 2,750,000 shares of Nonparty Company (5.47% of the total issued shares) and sold 1,209,925 shares between November 18, 2015 and November 24, 2015, and 875,916 shares from December 16, 2015 to December 21, 2015.

On September 8, 2016, Nonparty Company was delistinged on the ground that it was 50% or more of the capital erosion rate in the series of two half-years.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 7, 18, 20, 22, and 25 (including each number), and all pleadings.