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(영문) 서울중앙지방법원 2016.01.14 2013가합505275
손해배상청구의 소
Text

1. The Plaintiff:

A. (1) Defendant B and D shall be jointly and severally paid KRW 1,200,000,000 and the aforementioned amount from January 9, 2014.

Reasons

Ⅰ. Basic facts

1. Status of parties;

A. On September 6, 1983, a corporation was established with the trade name as Q Co., Ltd. as “stock company,” and the trade name was changed to “R” on February 28, 2002, “Co., Ltd.” on September 16, 2002, and “Co., Ltd. A” on September 27, 2010.

(hereinafter referred to as “A”) was changed to the Mutual Savings Banks Act by Act No. 6429 on March 28, 2001.

Based on this, it is a financial institution established on September 6, 1983.

A was decided to be an insolvent financial institution under the former Act on the Structural Improvement of the Financial Industry (amended by Act No. 11630, Mar. 22, 2013) on September 18, 2011, and its business was suspended until March 17, 2012, and was declared bankrupt on August 31, 2012 by Suwon District Court 201Hau23, and on the same day, the Plaintiff was appointed as a trustee in bankruptcy of A.

B. From September 10, 2002 to September 18, 2011, Defendant B is the representative director or president (it is not registered in the corporate registry but is the actual highest manager) of A, who instructs A to conduct the overall performance of duties, and is the largest shareholder holding 47.8% of the shares issued by A as of September 17, 201.

C. The remainder of the Defendants except Defendant L, M, N (hereinafter “Defendant N”), andO are those who held office as an executive officer of A. The major positions and tenure of office of the remaining Defendants are as listed below.

The representative director in charge of credit business from September 10 to September 30, 2002, to March 30, 2007, the president from September 1, 2007 to September 28, 201, to the representative director in charge of credit business from September 5, 2003 to August 25, 2006, the representative director in charge of credit business from March 30 to July 23, 2008, to the representative director in charge of credit business from September 18, 2009 to September 18, 201, to the director in charge of credit business from September 18, 2009 to September 18, 201, to the director in charge of credit business from September 18, 2009 to August 25, 2006.

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