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(영문) 서울고등법원 2017.10.13 2017나2027950
손해배상(기)
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The grounds for appeal by the plaintiffs citing the judgment of the court of first instance are not different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are recognized as legitimate even if all the evidence submitted in the court of first instance

Therefore, the court's explanation on the instant case is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for partial revision as follows.

The following is added to the "Substantial Exercise of Management Right" in paragraph 3 of the 15th sentence of the decision of the first instance in the revised part:

The following contents are added to the “this case’s implementation agreement for the management normalization plan was made without the consent and approval of the Plaintiff Company that is the controlling shareholder and the other party to the waiver of the shares, so it is null and void, as well as to the “this case’s implementation agreement was converted into equity by issuing new shares.”

In addition, according to the Promotion Act, if the Council fails to determine the management normalization plan by the end of the grace period, the proceedings for joint management of creditor financial institutions against the company shall be interrupted from the following day, and the principal creditor bank shall, without delay, demand the company to file a request for dissolution or liquidation, bankruptcy, or bankruptcy, or bankruptcy petition. However, even though the grace period for the exercise of claims against E ends on April 23, 2010 and the proceedings for joint management of creditor financial institutions cease to exist, the Korea Development Bank shall proceed with the workout proceeding in violation of the Promotion Act without taking the above procedures."

The plaintiff company is claiming damages on the premise that the defendant was involved in the illegal acts of the Korea Development Bank and the Korea Trade Insurance Corporation.

Therefore, first of all, the Plaintiff Company as a major shareholder is included in this case.

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