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(영문) 서울중앙지방법원 2015.11.26 2015가합500380
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim for damages in subrogation against D is dismissed.

2. The plaintiff's remainder.

Reasons

1. Facts of recognition;

A. The E Group was changed to F on May 31, 201, into D Co., Ltd. (F) a domestic company.

hereinafter referred to as “D”

only the name of the company that omitted the corporation, the plaintiff, or G corporation (hereinafter referred to as the "corporation name").

(2) A business group consisting of 10 companies, including H, I, J, K, L, M, and other Japanese companies, N companies, and Singapore companies, as the president of the E group, have overall control over the overall management of its affiliate companies. P is a company affiliated with the E group, which engages in the manufacture of steel vehicles, mechanical processing and assembly, equipment and shipbuilding and manufacturing of industrial machinery, and D is a company affiliated with the E group, which engages in the construction and sale of vessels, the repair of vessels, and the repair and repair of vessels.

3) The Intervenor joining the Defendant (hereinafter “C Bank”)

(2) On December 8, 2009, the Defendant was a corporation established to supply and manage funds necessary for the development and promotion of industry, expansion of social infrastructure, regional development, stabilization of financial markets, and promotion of sustainable growth. The Defendant was Q of the C Bank. (2) On December 8, 2009, C Bank applied for a “corporate improvement work” by submitting a business normalization plan to C Bank on the ground that “P, as the president of the C Bank, has been in overall control of its affiliate companies, such as the depression of the shipbuilding industry due to global financial crisis, cancellation of contracts due to delay in delivery of vessels, increase in shipbuilding costs, and raising funds for shipbuilding costs, and the president of the E Group, who was in overall control of its affiliate companies, and D’s type D’s corporate improvement work, to overcome and normalize management crisis due to difficulties in raising new funds due to the investigation by the prosecution on suspicion of the representative directorR at the time of its formation.”

2) On December 17, 2009, C Bank shall have the result of internal credit risk assessment on D as “an enterprise with insolvency signs” and “an enterprise with possibility of management normalization”, and on December 17, 2009, the Plaintiff (at that time, 90.25% of the equity ratio) as shareholders of P and D, and H Co., Ltd. (hereinafter referred to as “H Co., Ltd.”).

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