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(영문) 서울중앙지방법원 2016.07.08 2013가합75781
손해배상(기)
Text

1. The plaintiffs' lawsuit against the defendant B is dismissed.

2. All of the plaintiffs' claims against Defendant A, C, and D.

Reasons

Facts of recognition

AA(hereinafter referred to as "A") is a company that produces and sells materials, such as a clean studio, operating room, factory, etc., and manufactures semiconductor equipment and parts manufacturing business.

Defendant A as the president of the AA, was the representative director of the said company from September 19, 195 to March 15, 201; Defendant B, as the children of Defendant A, was the internal director of the said company from March 26, 2009 to December 14, 2012; and was the representative director of the said company from January 18, 2013.

Defendant C was an internal director of AA from April 8, 2002 to September 21, 2012, and was the representative director from March 5, 2010 to September 21, 2012.

In addition, Defendant D was an internal director of AA from March 30, 2012 to February 18, 2013, and was the representative director from August 24, 2012 to February 18, 2013.

The plaintiffs are those who have purchased the shares of AA as shown in attached Form 2.

On March 6, 2012, AA made a public announcement of the details of AA’s business performance on March 6, 2012 (provisional) on March 6, 2012, through the Korea Securities and Futures Exchange’s listing public announcement system, the Financial Supervisory Service’s electronic disclosure system, etc. (hereinafter the same shall apply) on March 6, 201 to December 31, 201 (provisional) (hereinafter “public announcement of 4/4/4”). According to the foregoing, the public announcement of the operating performance at least KRW 7,730,00,00,00 for the preceding year’s operating income at least KRW 14,487,70,000 for the preceding year’s operating income at least KRW 470,75,700 for the preceding year’s operating income at least 3030,75,000,000 for the preceding year’s operating income at least 14,707,301,205.

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