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(영문) 서울남부지방법원 2014.02.07 2013가합14041

손해배상

Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. (1) N Co., Ltd. (hereinafter “N”) had been changed to Q Co., Ltd. on September 24, 2003, and changed to N Co., Ltd. on October 6, 2009, and changed to N Co., Ltd. (hereinafter “N”) again on October 6, 2009. Around May 12, 199, the N Co., Ltd decided to hold a board of directors on May 12, 199 to issue convertible bonds worth KRW 100,000,000 in total face value and face value of the bond subscription.

(2) On January 15, 2001, Te filed a claim with N to convert the above convertible bonds into shares. However, on November 28, 2006, Te registered that the above convertible bonds were entirely converted into shares.

(3) Defendants B, C, D, and E are those who worked as N’s directors, and Defendant B served as N’s representative director and resigned on September 30, 2003. Defendant C was from October 1, 2003 to June 23, 2006, and Defendant D served as N’s representative director from June 23, 2006 to August 31, 2007.

(4) On January 18, 2007, the Plaintiff (designated parties, hereinafter “Plaintiffs”) and the Appointors appointed N’s directors on January 18, 2007, and the Plaintiff was appointed as the representative director on March 30, 2007.

B. On May 12, 1999, the board of directors held on May 12, 199 and resolved to issue convertible bonds worth KRW 100,000,000 to the selected parties, which are KRW 100,000,000, total face value and acquisition value of the bonds.

(2) On January 15, 2001, Te requested on January 15, 2001 to convert the above convertible bonds into stocks, but on November 28, 2006, the above convertible bonds were registered as converted into stocks.

(3) Defendant F, G, or L is a person who served as a director of theO, and Defendant F was dismissed on January 18, 2007 while he/she served as a representative director of theO.

(4) On January 18, 2007, the Plaintiff and the Selection T were appointed as a director of theO, and the Plaintiff on the same day.