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(영문) 서울중앙지방법원 2019.02.21 2017가합580717
손해배상(기)
Text

1. The defendant, in attached Table 1, committed against the plaintiff the money recorded in the column and each of them from January 6, 2018.

Reasons

1. Basic facts

A. (1) On October 17, 2013, the Plaintiff was decided to commence rehabilitation procedures as Seoul Central District Court 2013 Ma186, and on February 3, 2016, the Defendant was decided to discontinue rehabilitation procedures. (2) Around March 2013, the Defendant served as the representative director of the Plaintiff’s construction sector, and (3) was concurrently serving as the representative director of the Plaintiff’s financial sector from May 2013. From August 12, 2013 to August 12, 2013, the Plaintiff was the overall representative director of the Plaintiff’s business, financial affairs, accounting, personnel affairs, etc.

3) Group C is the Plaintiff and D Co., Ltd. (hereinafter “D”).

(E) E Co., Ltd. (hereinafter “E”);

(F) Co., Ltd., F (hereinafter “F”).

(G) G Co., Ltd. (hereinafter referred to as “G”).

2) As to the Plaintiff, H Co., Ltd. (hereinafter “H”)

B) The corporate governance structure of the C Group is composed of 59 affiliated companies in Korea and abroad. (1) The company’s major shareholder, including I, owns 50% of the shares of F in the cause of KRW 1 billion in capital, and F owns 36.25% of the Plaintiff’s shares; (2) the Plaintiff again holds 36.25% of the Plaintiff’s shares; and (3) the Plaintiff has absolute shares in non-financial affiliated companies, such as D and G, thereby securing control over the company of non-financial affiliated companies; and (4) the F owns 14.76% of the shares of E; and (19.01% of the shares of E, thereby holding 19.01% of the shares of E.

2 C Group began from the overseas investment failure of D in the late 1990s, and caused large interest loss due to failure of options trading several times, continuous business performance of major affiliates such as the Plaintiff and D, and large-scale market loans to raise expenses for acquiring shares of affiliates of parent companies such as F and G were accumulated, and the group's non-financial affiliates such as the Plaintiff, F and G have been in a structural and regular financial crisis.

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