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(영문) 서울중앙지방법원 2015.01.15 2014가합521373

주식매각이행청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a company whose purpose is export and import business, export and import agency business, etc., and the Defendant is a company with the purpose of manufacturing, processing, selling, and agency business of synthetic rubber. 2) D is the Chairperson of the above Group as of March 27, 2009, appointed as the Plaintiff’s internal director on March 24, 2010, and retired on May 6, 2005. < Amended by Act No. 10337, Mar. 30, 2010>

G is working as the representative director of the defendant on March 15, 2010 and serves as F Fourth, and is working as the representative director of the defendant.

H is the children of D, I is the children of G, and J is the second children of K, the second children of F.

K was the representative director of the defendant, and died on July 13, 2002.

3) The Plaintiff and the Defendant are L Co., Ltd. (hereinafter “L”).

(C) A corporation (hereinafter referred to as “C”)

The Monopoly Regulation and Fair Trade Act (hereinafter “Fair Trade Act”) together with others.

(D) 17 affiliated companies, including Plaintiff, L, C, etc., and G are eight affiliated companies, including Defendant, etc. (hereinafter collectively referred to as “Defendant’s affiliated companies”).

B. E is substantially managing as a controlling shareholder. (b) E has undergone liquidity crisis due to global economic crisis, etc. and has been promoted on December 30, 2009, including the Korea Development Bank (hereinafter “Industrial Bank”) (hereinafter “Industrial Bank”) as follows.

In other words, with respect to the plaintiff and L, restructuring was promoted through the workout program under the Corporate Restructuring Promotion Act, and with respect to the defendant and C, restructuring was promoted by the autonomous agreement of the creditor group.

2 In order to secure ways to assume responsibility for the controlling shareholders in relation to the promotion of management normalization of E, the Industrial Bank requested the controlling shareholders of E such as D and G to provide assets such as stocks and real estate they own as collateral to the bond group.

2.3.