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1. The plaintiff's claim is dismissed.
2. Of the costs of the lawsuit, the costs involved in the participation are assessed against the Plaintiff’s Intervenor.
Reasons
1. Basic facts
A. On March 24, 2011, the Plaintiff is a D Co., Ltd. (hereinafter “D”).
(D) The 4,940 shares of D (the total number of outstanding shares of D is 39,415,853 shares as of June 9, 2012) have been purchased and held until now. The defendant is the largest shareholder holding D's shares 11,262,110 shares (28.57% shares) and holds D's representative director from May 27, 2009 to the date. (2) D is the manufacturer of parts for motor vehicles such as passenger car products and commercial sets, which are listed on the Korea Exchange's securities market, and E Limited Corporation (hereinafter referred to as "E") held 10% shares of D's shares as a company established to produce and supply indoor and exterioring parts of D's shares.
3) F Co., Ltd. (hereinafter “F”)
Around November 2001, as a company established for the purpose of manufacturing, etc. of automobile-resistant appliances, a corporation within the limit of December 31, 2009 (hereinafter “Korea-Japan”) shall be deemed to have been incorporated for the purpose of manufacturing, etc. of automobile-resistant appliances.
A) A 49%, the Defendant 44.33%, and the Defendant’s wife’s 6.67% shares. (b) D’s E shares transfer 1) on September 28, 2010, with the consent of all directors, decided to make a disposition of KRW 16% to Hyundai Securities Co., Ltd. and KRW 23% to 9,857,142,857 (hereinafter “the first transaction in this case”), and at the time, the Defendant’s attached, H, I, and the J of outside directors participated in the resolution of the board of directors.
2) On October 15, 2010, D disposed of 58% of the shares of E with the consent of all directors of F in KRW 25,520,00,000 (hereinafter “the second transaction of this case”) to F.
As in the preceding paragraph, the defendant, H, I, and J participated in the resolution of the board of directors.
C. On April 24, 2012, the Plaintiff filed a claim for damages against the directors involved in the first and second transactions with D in writing.