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(영문) 서울중앙지방법원 2014.08.28 2012가합70307
손해배상(기)
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The L Group’s status as the parties is as follows: L on April 2010 (hereinafter “L”).

(2) As of June 30, 2010, the Defendant is a major shareholder and the Defendant’s specially related persons, who hold 35.63% of the L group’s equity shares, and is a representative director, who actually or indirectly controls the whole L group’s major affiliates, including six listed companies, including M Co., Ltd., N Co., Ltd., O Co., Ltd., P Co., Ltd., and the total amount of assets is KRW 26 subparag. 391 billion.

3) The Plaintiffs are shareholders holding 11,680 shares as of September 2013 among L’s total outstanding shares of 75,525,629, and Plaintiff A is holding 4,00 shares, Plaintiff B is holding 1,600 shares, Plaintiff C is holding 6,00 shares, Plaintiff F is holding 20 shares, and the rest of the Plaintiffs are 10 shares, respectively. B. The Defendant was indicted against the Defendant and the Defendant under criminal punishment 1) in the course of resolving the liabilities of insolvent companies held by the Defendant and the Defendant’s motherR, etc. (hereinafter “S”), T Co., Ltd. (hereinafter “T”), U Co., Ltd. (hereinafter “V”), W Co., Ltd. (hereinafter “V”), W (hereinafter “X”), X Co., Ltd., Ltd., and Y Co., Ltd. (hereinafter “YY”) on the ground that the Defendant was charged with enormous damages due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

2) On August 16, 2012, the Seoul Western District Court sentenced the Defendant to a fine of KRW 100 million for four years and a fine of KRW 5 billion (a fine of KRW 100 million for the violation of the Punishment of Tax Evaders Act and the Monopoly Regulation and Fair Trade Act).

The defendant and the prosecutor filed an appeal with Seoul High Court No. 2012No2794 regarding the above judgment, and the Seoul High Court on April 15, 2013.

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