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(영문) 서울중앙지방법원 2015.06.26 2013가합564618
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim against Defendant K is dismissed.

2. The Plaintiff:

(a) 1 Defendant D shall be KRW 261,735,945;

Reasons

Ⅰ. Basic facts

1. Status of parties;

A. A Co., Ltd. (hereinafter “A”) was a juristic person established under the Mutual Saving and Finance Company Act for the purpose of mutual credit fraternity business, credit installment savings business, receipt of deposits and installment savings, etc., and for the purpose of lending funds. On April 24, 1970, Co., Ltd. was established and changed to S on March 6, 1986; on February 20, 2002, the company was changed to X on June 17, 2002; the company was merged with X on February 28, 2005; the company was merged on November 20, 2009; and the company was changed to A on September 30, 2010.

“A” without distinction between the time and time.

On May 6, 2012, the Financial Services Commission rendered a decision to suspend business, and was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap54, and the plaintiff was appointed as a trustee in bankruptcy pursuant to the Depositor Protection Act on the same day.

B. Defendant B commenced the acquisition of S Co., Ltd. on or around 1999 and completed the stock purchase procedure on or around 2000, held 23.83% of the shares A issued as of June 30, 2010, and held 45.92% of the shares issued under the name of a related party, such as wife (17.19%) and Vice U (4.9%). Since he/she was appointed as the representative director of A on January 21, 2002, he/she is a person who comprehensively takes charge of management affairs, such as credit receipt affairs, while using the title of “the president.”

The remaining Defendants are officers and employees A. The main positions and terms of service of the Defendants are as specified in the following Table 1:

The vice president from January 21, 2002 to May 23, 2012 to the vice president from January 16, 2007 to January 16, 2008 to November 16, 2008 to April 15, 2010 to April 3, 201 to April 20, 2005; the vice president from January 28, 2008 to April 3, 201; the vice president from January 15, 2010 to April 3, 201 to September 22, 2000 to September 23, 2005 to the managing director from September 23, 2005 to September 3, 201 to June 3, 201 to June 3: the director from May 20, 201 to June 3, 201 to June 3, 2015; and

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