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(영문) 서울중앙지방법원 2015.02.13 2013가합47182

손해배상 등

Text

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

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff Company is a company that runs the periodical publishing business, such as issuing “D”.

(B) At the time of incorporation, the trade name was “Co., Ltd. E” but thereafter changed to “F” on April 18, 1996, and “Co., Ltd. A” as of May 17, 2001. Meanwhile, Defendant B was a person who was working for the Plaintiff Company as indicated below.

Position in the tenure of office from April 11, 1998 to April 11, 2001, directors from May 9, 2001 to March 31, 2007, the auditor from March 24, 2008 to August 25, 2010, the auditor from August 25, 201 to July 1, 201, the internal director from August 27, 201 to July 1, 201.

B. On December 27, 1997, the Plaintiff Company registered G (hereinafter “instant magazines”) as a special weekly newspaper pursuant to Article 7 of the former Registration, etc. of Periodicals Act, and published its title on April 1, 1998.

C. The publication of the instant magazine title was indicated as the publication office in the name of the Plaintiff Company, the publisher, and the editor as the representative director of the Plaintiff Company, as the No. H and the subscription fee payment account in the name of the Plaintiff Company, and Defendant B, the editing director, and Defendant C, respectively.

In addition, Defendant B has been actually in charge of the publication of the instant magazine from the time of its publication.

After that, in June 199, the title of the instant magazine was indicated as the Plaintiff Company, publisher and editor, Defendant B, and the Plaintiff as the account holder of the subscription fee account. In July 1999, the old subscription fee account was also indicated in the name of Defendant B and the post office account.

In addition, in October 199, the publishing office of the instant magazine began to be changed to I, not the Plaintiff Company.

E. Meanwhile, in July 2004, the deposit holders of the instant magazine and the subscription fee payment account were changed to Defendant C, and Defendant B was indicated as the adviser of the instant magazine.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 14, each number.