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(영문) 울산지방법원 2018.04.25 2017가합23161

손해배상(기)

Text

1. The Defendants jointly share KRW 734,904,00 with respect to the Plaintiff and the period from July 22, 2017 to April 25, 2018.

Reasons

1. Basic facts

A. The Plaintiff (formerly: E) and the Defendant B (hereinafter “Defendant B”) are companies engaged in the manufacturing of ready-mixed and asphalt.

Defendant C was appointed as the representative director of the Plaintiff on March 11, 2011, and resigned on May 24, 2017, and Defendant D was appointed as the representative director of Defendant B on March 26, 2008 and is working as the representative director until now.

B. Three ready-mixed companies, such as the Plaintiff, Defendant B, and F Co., Ltd. (hereinafter “G”), were practically owned by H prior to the sale to a third party of the Plaintiff on December 8, 2016.

C. Although there was a separate legal entity divided into three types, on the other hand, there was an integrated organizational system and approval system, and there was a position given at the three level, apart from the position held in each company.

At the third level of ready-mixed, I, the representative director of G, Defendant D, and Defendant C were in the location of the general director and the factory.

In addition, personnel movement has frequently occurred between the three companies of ready-mixed, and it was decided at three companies of ready-mixed, such as change of workplace, change of assignment, promotion, increase of salary, and adjustment of annual salary.

H owned all 30,00 shares issued by the Plaintiff. On December 8, 2016, J and K Co., Ltd. (hereinafter “J”) and K Co., Ltd. (hereinafter “J”) sold all of the shares to the two companies at KRW 22 billion.

E. The relationship in which J et al. paid only KRW 21 billion out of the purchase price 2.2 billion and delayed the payment of the remaining KRW 1 billion, and H continued to operate the Plaintiff after December 28, 2016, which is the remainder payment date. In the process, Defendant B et al., controlled by H, extended the Plaintiff with KRW 3.6 billion.

(f) J. J.