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(영문) 서울중앙지방법원 2016.11.25 2015가합500403
손해배상(기)
Text

1. The part concerning the claim for damages by subrogation among the lawsuits in this case is dismissed.

2. The plaintiff's remaining claims.

Reasons

Facts of recognition

D The status of the parties is 10 companies, including E Co., Ltd. (the trade name of May 31, 201 was changed to F Co., Ltd.; hereinafter referred to as “E”), Plaintiff, G Co., Ltd. (hereinafter referred to as “Co.”), H, I, J, K, L, M, etc. and Japanese N Co., Ltd. and O of Singapore companies as affiliates.

P, as the chairperson of D, was responsible for overall management of its affiliates.

The plaintiff is a member company of D, engaged in the manufacture of rolling stock, mechanical processing assembly, facility business, shipbuilding machinery and equipment and manufacturing business, etc., and E is a member company of D, engaged in the construction and sale of ships, remodeling of ships, repair business, etc.

The Intervenor joining the Defendant is a corporation established to supply and manage funds necessary for the development and development of industry, expansion of infrastructure, regional development, financial stability, promotion of sustainable growth, etc.

The defendant was the president of the defendant joining the defendant.

On December 8, 2009, E of the proceedings for joint administration by creditor financial institutions filed with the Defendant joining the Defendant for the “corporate improvement program”, along with a business normalization plan, on the ground that “P, which was responsible for overall management of its affiliate companies due to the depression of the shipbuilding industry due to global financial crisis, revocation of contracts due to the delay in delivery of ships, increase in the cost of shipbuilding, and D president, and that, at the time of such type E, E would like to overcome liquidity crisis that occurred due to difficulties in raising new funds, etc. due to difficulties in procuring new funds according to the prosecutorial investigation, and to normalize its management.”

The Intervenor joining the Defendant, on December 17, 2009, provides shares as security from the Plaintiff (as at the time, 90.25%) who is the shareholders of P and E on December 17, 2009, and H (0.52%) as “an enterprise whose result of internal credit risk assessment of E on December 17, 2009 constitutes an enterprise showing signs of insolvency and is likely to normalize its management.”

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