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(영문) 서울고등법원 2017.07.06 2016나2089746

손해배상(기)

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Status of the parties, etc. 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”).

(2) On June 30, 2010, the company established on August 8, 1994 and engaged in the manufacture of rolling stock. On June 30, 2010, the company entered the workout program by the Financial Credit Group and completed the workout program on September 30, 201 as the rehabilitation was not achieved during the duration of the workout program for about one year and three months. On March 22, 2012, the Korea Asset Management Corporation (Seoul Regional Headquarters) entered the company’s asset sale procedure by public sale by the Korea Asset Management Corporation. (2) On March 22, 2012, the Plaintiff, as the chairperson of H Group, was managing 13 subsidiaries, including Plaintiff A, I (hereinafter “I”), and K Co., Ltd. (hereinafter “K”), while serving as the representative director of Plaintiff A from August 31, 2015.

3) From January 29, 2010 to June 1, 2010, Defendant F served as the representative director of Plaintiff A, and thereafter served as the president of Plaintiff A as a non-registered director until October 31, 2012. Defendant E was working as the representative director of Plaintiff A from June 1, 2010 to March 4, 2013, and Defendant E was dismissed from the representative director of Plaintiff A as of August 23, 201. However, Defendant E was registered as the representative director of Plaintiff B’s corporate register from June 1, 2010 to March 4, 2010, and it was reasonable to view that Defendant E was converted from the Plaintiff M&A to the Plaintiff’s representative director of Plaintiff M&A’s corporate name, and Defendant E was converted from the Plaintiff M&A to the Plaintiff’s former 31,201, and it was reasonable to deem that the former 31,2013.

Defendant G shall serve as the representative director of the Council, and Defendant G shall serve as the representative director of the Council on 2010.