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(영문) 대전지방법원천안지원 2016.06.03 2014가합100132
손해배상(기)
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 2,850,524,746 and the Defendant B from December 24, 2013 to April 5, 2014.

Reasons

1. Basic facts

A. The relationship with the parties and status 1) The Plaintiff is a corporation that manufactures and sells automobile parts at the place of business located in the ASEAN City F. (2) The Defendant B served as the Plaintiff’s auditor from December 26, 2007, as the Plaintiff’s internal director from June 25, 2009, as the Plaintiff’s joint representative director from June 22, 2012 to May 10, 2013.

In addition, Defendant B, a corporation located in Washington (hereinafter “H”) that held 20% of the Plaintiff’s shares, served as a single shareholder and a representative director, from May 2008 to December 2010, Defendant B served as “I Co., Ltd. (hereinafter “J”)’s representative director, who was located in Taesung (hereinafter “J”) from May 208, and held the said J’s entire shares as “L” corporation (hereinafter “L”).

3) From December 2007 to August 31, 201, Defendant C served as the Plaintiff’s representative director; from June 22, 2012 to May 10, 2013, Defendant C served as the Plaintiff’s joint representative director; and “M corporation (hereinafter “N”) holding 38.28% of the Plaintiff’s shares.”

(4) Defendant D served as the Plaintiff’s director from December 26, 2007 to August 31, 201, and served as N’s director and representative director.

5) From March 14, 2003 to December 20, 2012, Defendant E served as the Plaintiff’s director or internal director, and from August 31, 201 to March 27, 2012, Defendant E served as the Plaintiff’s representative director. (b) On January 21, 2010, the Defendants resolved to the board of directors with the effect that the Plaintiff lent USD 450,000 ($ 520,524,746 for the Plaintiff’s new business to the Plaintiff’s board of directors held at the Gangnam-gu P office located in the Gangnam-gu Seoul O P office.

Accordingly, on January 28, 2010, the Plaintiff transferred USD 450,000 to the HSBC bank account of H in the same year following a resolution of the board of directors.

9. By October, as shown in the attached Table No. 10, a total of KRW 2,850,524,746 was lent to H nine times.

In this case, ‘the above loan' is the case.

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