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(영문) 서울고등법원 2015.04.09 2014나2003939
손해배상(기)
Text

1. Of the judgment of the first instance court, the part against the Defendants in the judgment is modified as follows.

Defendant B shall be the Plaintiff 735,900.

Reasons

1. The Plaintiff, the Defendants, and the co-defendant D of the first instance court filed an appeal against the court of first instance respectively. The Plaintiff voluntarily withdrawn the lawsuit against D in the first instance court, and D voluntarily withdrawn the appeal.

Therefore, the scope of this court's adjudication is limited to the part against the defendants in the judgment of the first instance.

However, as seen earlier, the Plaintiff withdrawn part of the claim against the Defendants, and added the claim against the Defendant B to the selective claim.

2. The Plaintiff is a company established and operated by F and entrusted its management to Defendant B, his wife, around September 2003. The Plaintiff’s representative director is F’s G.

Defendant B was in office as the representative director of the Plaintiff from October 1, 2003 to June 8, 2010. Defendant C was in office as the Plaintiff’s director from December 24, 2001 to December 24, 2007, and from June 2, 2008 to June 2, 2008, and Defendant E was in office as the Plaintiff’s auditor from March 16, 2004 to March 31, 2007 as a fraudulent act by Defendant B.

H Co., Ltd. (hereinafter “H”) is a company established by Defendant C on October 23, 1990. At the time of its establishment, Defendant C’s wife is the representative director at the time of its establishment. Defendant B is in office as the representative director from October 17, 2002 to October 17, 200, Defendant B is in office as the representative director. Defendant B among the total shares of H 111,00 shares ( approximately 8 per cent), Defendant C owns approximately 3,00 shares ( approximately 30 per cent), and Defendant C owns approximately 12,380 shares ( approximately 11 per cent).

J Co., Ltd. (mutual name after the alteration: K., Ltd.; hereinafter the “J”) was established on February 27, 1995, and Defendant C was working as a representative director from January 6, 2002 to September 27, 2005. Defendant C was working as a representative director from January 28, 2008 to September 28, 2008. Defendant C’s wife I was working as a representative director from September 27, 2005 to September 11, 2007.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 1, 2, 2, 9-1, and the purport of the whole pleadings

3. Determination

(a) claims relating to loans and provision of security for H 1.

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