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(영문) 서울중앙지방법원 2013.07.11 2012가합60102
손해배상
Text

1. The Defendants: (a) as to each of the Plaintiff KRW 1,000,000,000; and (b) as to Defendant B, as from July 27, 2012; and (c) Defendant C, as of July 2012.

Reasons

1. Basic facts

A. Defendant B was the representative director of the Plaintiff Company (F of the Plaintiff Company G on October 11, 2007, and the Plaintiff Company on March 30, 2009) from March 2005 to October 2006, and Defendant C had a substantial management right as the major shareholder of the Plaintiff Company around that time.

Defendant C transferred the Plaintiff Company’s shares and management rights to D on October 2006, and Defendant D transferred them again to Defendant E on November 20, 2006, Defendant E on June 30, 2007, and Defendant H and I on June 30, 2007.

B. Defendant B and C’s use of the Plaintiff Company’s funds 1) Defendant B and C had the Company B, a corporate bond manager, raise the Plaintiff Company’s funds for capital increase, thereby compensating the J for losses arising from the Plaintiff Company’s capital increase. On November 29, 2005, Defendant C withdrawn KRW 2 billion from the paid-in capital for capital increase, which was deposited on November 29, 2005, in the form of a representative director’s payment, and re-paid to J as a security for such compensation agreement. Defendant C withdrawn KRW 980 million from the representative director’s paid-in capital in the form of the Plaintiff Company’s funds 980,000,000 from November 29, 2005 to have the Defendant B repay the Plaintiff Company’s obligations to K (hereinafter “K”).

3) In addition, on December 7, 2005, Defendant B and C withdrawn KRW 5 billion as the provisional payment by the representative director, and paid it to K via L, a stock company substantially operated by Defendant C. (C) Defendant C entered into a contract for acquisition of shares and management rights to transfer KRW 7.9 billion out of the amount arbitrarily used as above to compensate for KRW 7.9 billion out of the amount arbitrarily used.

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