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Reasons
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(영문) 서울고등법원 2016.09.02 2015나2058417
손해배상(기)
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1. The part against the defendant among the judgment of the court of first instance is revoked and the plaintiff's claim corresponding to the revocation part is revoked.

Reasons

1. Facts of recognition;

A. D on August 5, 1959, Co., Ltd. (the head office M, Seoul; hereinafter referred to as “C”) established C on August 5, 195. Of C’s 4,538,370 shares issued, D’s shareholder registry, ① D’s 1,014,092 shares (22.34 shares ratio), ② H 424,745 shares (9.36 shares ratio), ③ Defendant 1,049,072 shares (23.12 shares ratio), ④ Plaintiff 1,239,941 shares ratio (27.32 percent shares ratio), ⑤ D’s shares 240 shares in 20,50 shares in 20,50 shares in 375,375, Defendant’s shares, and 608 shares in 70,5708 shares and shares held by the Plaintiff, respectively.

(A), 6, 13, 16 through 21, 24, 30 through 32, 35, 40, 44 and 7, and the inquiry results of the fact-finding on the calendar of the court of first instance, and the defendant's statement at the second date for preparatory pleading of the appellate trial). (B)

D A. ① Director C from October 26, 1999 to January 30, 201, ② Director and representative director from January 31, 2001 to August 6, 2007, ③ Director from August 7, 2007 to October 25, 2008, ④ Director and representative director from October 26, 2008 to October 26, 201; ⑤ Operation C while serving as an internal director from November 7, 201 to the closure date of the pleadings of this case.

(A) No. 2, 3, 8, 10 through 12). (c)

① The Defendant is a director of C from June 10, 2003 to August 5, 2007, ② from August 6, 2007 to October 26, 2008, ③ from October 2008 to October 20, 201, ④ from October 27, 2008 to October 20, 201, ④ from October 21, 201 to June 10, 201, ④ from October 21, 201 to June 10, 201, ⑤ from March 28, 2013 to the closing date of the pleadings in this case, engaging in C’s management by putting D while serving as an internal director and a representative director.

Although the Defendant was not a director or representative director of C from June 11, 2012 to March 27, 2013, the Defendant used the office of representative director, vice-chairperson, etc. to carry out C’s business.

(Evidence A 1, 2, 10, 24, 41, 44, 47 through 49) d.

C Shares 73.43% of the F Limited Liability Company C, a subsidiary company of China, and D. 4.

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