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(영문) 서울고등법원 2015.03.26 2014나2023155
주식매수선택권행사의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. D Group E (E) around January 2010, 2010 (hereinafter “E”).

(C) On November 19, 2012, the Defendant, the largest shareholder of which E is a holding company, was changed from C Co., Ltd. to the Defendant.

collectively referred to as "defendant" shall be referred to as "defendant"

(1) The corporation, G, and K Co., Ltd. (hereinafter “K”)

2) As to the Plaintiff, H Co., Ltd. (hereinafter “H”)

) N Co., Ltd. (hereinafter “N”)

(1) A corporation (hereinafter referred to as “O”)

(I) The Defendant is the largest shareholder of the I Co., Ltd. (hereinafter “I”).

(2) Since the establishment of the D Group, F was the largest shareholder of E and the chairperson of D Group, a holding company, responsible for overall management of D Group including affiliated companies, through E. However, from October 11, 2001 to February 15, 201, as the Defendant’s director or internal director, and from the date of its establishment to March 21, 201, as E’s director or internal director, respectively.

L was registered as an internal director and a representative director, respectively, from March 2010 to July 2014, as the head of the planning and coordination office of the D Group, by assisting F in the overall management of the D Group. From March 19, 2010 to February 15, 2012, L was registered as the Defendant’s internal director, from March 26, 2010 to July 2, 2014.

3) The Plaintiff was employed as an internal director or other non-executive director of E, from March 19, 2010 to February 15, 2012, while serving as an adviser of a large law firm after having retired from office as the director of the Seoul Regional Tax Office, and worked as the president of D Group from F to May 9, 2013. The Plaintiff was employed as an internal director of D Group during his/her office from March 19, 2010 to February 15, 2012, as the Defendant’s internal director, from March 26, 2010 to May 9, 2013, as N in-house director or other non-executive director, from May 28, 2010 to May 9, 2013, as H in-house director from March 23, 2012 to May 9, 2013).

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