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(영문) 서울고등법원 2016.05.27 2015나2049130
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

For the plaintiffs, Defendant 1 Co., Ltd., the amount claimed in the attached Form.

Reasons

1. Facts of recognition 1) Defendant O Co., Ltd. (hereinafter “DefendantO”) is a company that engages in the manufacture, sale, and lease of electronic electrical machinery, apparatus, and related equipment and parts thereof.

B) From March 31, 2010 to November 22, 2012, and from December 26, 2012 to March 29, 2013, T controlled the management and enforcement of funds, financial investment, etc. as the representative director of the Defendant O. U.S. From November 201, 2012, the amount equivalent to KRW 150,00 and KRW 10,000,000 per share with the preemptive right to new stocks was transferred from T to the management right of KRW 12,00,000,000, and took overall charge of the management and execution of funds. From around that time to November 201, 2012, the Co-Defendant P was in charge of the management and administration of funds under U’s direction as the vice president of the DefendantO, the representative director in charge of the management and financial management of the funds, and the core part of the Defendant RR and the Defendant EM’s company (hereinafter “Defendant parts”).

2) around August 24, 2010, Defendant Q and AA, and AB purchased KRW 140,00 (10% of the issued shares of the Z Co., Ltd. (hereinafter “Z”) from AC and AD (hereinafter “Z”) in KRW 2 billion.

B) Around December 2010, DefendantO purchased the said 77,000 shares of the said Z from Defendant Q Q, etc. (5% of the issued shares) at KRW 7 billion (30,909 won per share). Around December 22, 2010, Defendant Q, etc. paid the remainder payment of KRW 750,000,000 on May 6, 2011, an intermediate payment of KRW 4 billion, and the remainder of KRW 2.5 billion on July 201, 201, the value of the entire Z shares acquired on or around December 2, 2010 ( KRW 14,285,000,000 per share) at KRW 2 billion ( KRW 14,200,000,000 per share).

3) Around February 14, 2012, DefendantO’s 80,000 shares issued by V Co., Ltd. (hereinafter “V”) (43.48% of the total shares issued) from WW Co., Ltd. (hereinafter “W”) (hereinafter “V”), around February 14, 2012.

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