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(영문) 서울고등법원 2017.11.24 2017나2025244

손해배상(기)

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

The Plaintiff is a legal entity that is established in accordance with the Specialized Credit Financial Business Act and provides loans and leases, and B was practically controlling and operating the Plaintiff through M Co., Ltd. (hereinafter referred to as “M”), K Co., Ltd., K Co., Ltd., J Co., Ltd. (hereinafter referred to as “J”), and U Co., Ltd. through the said banks.

N Co., Ltd. (hereinafter referred to as “N”) is a company that holds 95.2% equity shares of which are divided from M.

The details of share holding in these I, etc. are as shown in the attached Table 3.

The Defendant and the co-defendants of the trial prior to remand transferred the right to claim damages against the co-defendants C, D, E, F, and G of the trial prior to remand to AA (hereinafter referred to as “A”), thereby withdrawing from the lawsuit against the co-defendants of the trial prior to remanding. AA succeeded to the lawsuit against the co-defendants of the trial prior to remand and withdrawn the lawsuit.

as the management of the plaintiff, his status and the term of office are as follows:

(G) On May 27, 2009 to August 25, 2012, 2012, Defendant Non-Standing Director (“Defendant, etc.”). On October 15, 2009 to August 10, 2012, D inside directors from October 14, 2009 to August 25, 2012, E on October 14, 2009 to October 14, 2012, from August 14, 2009 to August 10, 2012, the Plaintiff entered loans of KRW 200,000 to 200,000,000 from May 27, 2009 to May 25, 2012 (attached Table 201 to 200,000,000,000) as shown in [Attachment 20,000 to 20,000,000 won.

Security for each of the above loans shall be as shown in attached Forms 1 and 2.

Defendant, etc.