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(영문) 서울중앙지방법원 2015.08.13 2013가합565598
손해배상(기)
Text

1. For the plaintiffs:

A. Defendant OO Co., Ltd refers to the amount of money claimed and the amount of money quoted in the annexed sheet.

Reasons

1. Facts of recognition;

A. The party status 1) Defendant O Co., Ltd. (hereinafter “O”)

(2) From March 31, 2010 to November 22, 2012; and from December 26, 2012 to March 29, 2013 to March 29, 2013, T has overall control over the production, sale, and lease of electrical machinery, apparatus, and related parts.

3) On November 2012, U transferred the management right of KRW 150,00,00 and KRW 10,000,000,000 for Defendant O’s shares as well as the management right of KRW 12,000,000 for shares, and thereafter, U took charge of the management and execution of funds from around that time. 4) Defendant P, from around November 2012, under U’s direction as vice president and financial directors, took charge of the management, execution, and financial management of funds under U’s direction.

Defendant P was appointed as an internal director of Defendant P on March 29, 2014.

5) Defendant RR Co., Ltd. (hereinafter “R”)

(B) A company is engaged in the manufacture and sale of computer peripheral devices, core parts, etc., and Defendant S is the representative director of Defendant R. B. Defendant C’s acquisition of shares issued by Defendant V Co., Ltd. and bonds with preemptive rights to new stocks (hereinafter “V”) around February 14, 2012, Defendant C purchased 80,000 shares (hereinafter “V”) issued by V Co., Ltd. (hereinafter “W”) from W Co., Ltd. (hereinafter “W”) at KRW 37,500 won per share, and paid KRW 3 billion in W account.

2) After acquiring V’s shares, on February 14, 2012, T had X, an employee of DefendantO, opened an account under the name of Defendant V, and deposited DefendantO’s funds KRW 2 billion into the said account. 3) DefendantO acquired bonds with warrants issued by V, and accounts for KRW 1.9 billion as loans to V.

4V is merely 611,737,00 won of net assets in the fiscal year 201, and 300 million won of its major assets is arbitrarily assessed by the representative director Y's patent right.

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