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(영문) 서울고등법원 2016.10.28 2016나2016922
손해배상청구의 소
Text

1. Of the judgment of the court of first instance, the costs of KRW 122,00,000 for the Plaintiff jointly with the Defendant N andO, and those related thereto.

Reasons

1. Basic facts

A. The status of the parties 1) After establishing A Co., Ltd. (the trade name of September 6, 1983 as Q Co., Ltd.), the trade name was changed to “Co., Ltd. R” on February 28, 2002, “Co., Ltd. S” on September 16, 2002, and “Co., Ltd. A” on September 27, 2010.

hereinafter referred to as “A”

The former Mutual Savings and Finance Company Act (amended by Act No. 6429, Mar. 28, 2001) changed into “Mutual Savings Banks Act”.

Based on the foregoing, A is a financial institution established on September 6, 1983. From September 18, 201 to September 18, 2011, A was determined as an insolvent financial institution under the former Act on the Structural Improvement of the Financial Industry (amended by Act No. 11630, Mar. 22, 2013) and its business was suspended until March 17, 2012, and was declared bankrupt on August 31, 2012 by Suwon District Court 201Hab, and the Plaintiff was appointed as A’s bankruptcy trustee on the same day. 2) Codefendant B of the first instance trial from September 10, 202 to September 18, 2011 by a representative director or president (it is a de facto highest manager, but is not registered on a corporation) of A, who ordered the overall performance of duties as a major shareholder at the time of the largest shareholder’s issuance.

3) The remaining Defendants, other than Defendant N andO, were those who were executives of A. The major positions and terms of office of the above Defendants are as listed below. The 1C director and full-time audit committee member name No. 1 C on September 5, 2003 through August 25, 2006, representative director from March 30, 2007 to July 2, 2008, who are in charge of FF credit affairs, from September 18, 2009 to September 3, 18, 201, and non-registered directors in charge of FF credit affairs, from September 10, 2002 to July 10, 2008; Defendant Non-registered directors in charge of FF credit affairs, from September 10, 2009 to July 4, 2008 to 208; Defendant Non-registered directors in charge of FFF management affairs, from September 4, 2003 to 208 to 7.7.

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