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(영문) 서울중앙지방법원 2012.10.05 2012가합1011
손해배상(기)
Text

1. Each lawsuit of the Plaintiff A,O, Q, S, T, X,Y, and Z shall be dismissed.

2. Plaintiffs B, C, D, E, F, G, H, J, K, L, M, P, R, U, V, W.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as to the statements in Gap evidence 1-1-2, Gap evidence 4, Gap evidence 5-1, 2-2, and Eul evidence 2-7-5.

(1) The Korea Electric Power Corporation is a corporation established under the Korea Electric Power Corporation Act for the purposes of the development, generation, transmission, transformation, distribution of electricity resources, and business related thereto, and is listed on the securities market. The total number of issued stocks is 641,964,07 shares.

(2) As indicated in the Plaintiffs’ shareholding holding stocks, the remaining Plaintiffs, excluding Plaintiff O, Q, T, X, Y, and Z, held 103,585 shares issued by the Korea Electric Power Corporation as of June 30, 201 (from December 30, 2011 below to June 30, 201) and continued to hold at least 1/10,000 of the total number of shares issued by the Korea Electric Power Corporation.

(4) However, Plaintiff A, Q, S, T, and Y did not hold shares of the Korea Electric Power Corporation as of August 24, 201, which were the date of the closing of the argument in the instant case, including transfer of all of their shares, and Plaintiff O, Q, T, X, Y, and Z did not hold shares of the Korea Electric Power Corporation as of June 30, 201, and thereafter acquired the shares of the Korea Electric Power Corporation. (3) The Defendant holds shares of 135,917,118 shares of the Korea Electric Power Corporation (21.17%) as of the date of the closing of the argument in the instant case. (3) At the time of the closing of the argument in the instant case, the Korea Finance Corporation established by the Defendant, all of which were invested by the Defendant, holds shares of 192,159,940 shares of the Korea Electric Power Corporation

B. Since November 13, 2008, the Korea Electric Power Corporation raised the electric utility rate, the average of 4.5% on November 13, 2008, average of 3.9% on June 27, 2009, average of 3.5% on August 1, 2010, average of 4.9% on August 1, 201, and average of 4.5% on December 5, 201.

C. (1) On December 30, 201, the Plaintiffs are the authority to authorize and supervise the electric utility fee against the Korea Electric Power Corporation.

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