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(영문) 서울중앙지방법원 2019.12.12 2018가합544626

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. S Co., Ltd. (hereinafter “S”) is a holding company of T Group, and Defendant M is from March 31, 1999 to October 1, 2008, and from April 10, 2015 to the date of registration as representative director.

S is a person who actually operates S.

Defendant N is a person who served as the representative director of S’s management support office (general affairs), S’s audit from October 1, 2008 to August 31, 2010, from August 22, 2008 to August 31, 2010, U.S. Co., Ltd. (hereinafter “U”) and V (hereinafter “V”) as S’s subsidiary company from August 6, 2010.

DefendantO is a person who served as the head of the management support team of V from May 2008 until the date is unknown, and Defendant P is a person who served as the head of U and V from the time when the date is unknown.

Defendant Q Co., Ltd. (hereinafter “Defendant Q”) was established on February 24, 2009 for the purpose of real estate leasing business, etc. Around that time, Defendant Q was a representative director, and Defendant Q was employed as an auditor from February 24, 2009 to March 24, 2009.

Defendant R Co., Ltd. (hereinafter “Defendant R”) was established on July 7, 2009 for the purpose of tourist hotel business, etc., and DefendantO served as an internal director from around that time to May 24, 2013.

B. Since around 2002, S owned 50.49% of the total number of outstanding shares of Y Co., Ltd. (hereinafter “Y”) for accommodation business, etc. from around 2002 under the name of X (hereinafter “X”), a subsidiary company, and Defendant P served as Y’s representative director, from February 3, 2009 to October 18, 2010, respectively. < Amended by Act No. 9932, Oct. 18, 2010; Act No. 1497, Dec. 5, 2016>

Y around 2002 borrowed 950,000,000 won from V, and the Plaintiffs stated their claims against Y from around 2007 to 2008 as the price for goods.