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(영문) 서울고등법원 2016.09.09 2015나2017553
손해배상(기)
Text

1. Of the judgment of the first instance court, the parts concerning Defendant E, G, and L shall be modified as follows:

Defendant E and G are the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) A Savings Bank Co., Ltd. (former trade name: N Savings Bank; hereinafter “instant Savings Bank”)

(2) As of December 31, 2010, the Plaintiff was a corporation established for credit fraternity business, credit installment savings business, receipt of deposits and installment savings, lending of funds, discount of bills, etc., and was declared bankrupt on February 19, 201 by the Financial Services Commission. On February 23, 2012, Seoul Central District Court 201, the Plaintiff was appointed as a trustee in bankruptcy of the savings bank, and the Plaintiff was appointed as a trustee in bankruptcy of the savings bank on the same day. (2) As of December 31, 2010, the Korea Stock Exchange Savings Bank Co., Ltd. (hereinafter, Ltd. or limited liability company was omitted) was the actual holding company of the savings bank of this case as of December 31, 2010, not only 30% of the shares of the savings bank of this case, but also 95.18% of the shares of the savings bank of this case, Q Savings Bank, 54.5

As of December 31, 2010, the Exchange Savings Bank held 22.88% of shares in the president H and its specially related persons, 9.62% of shares in the president’s co-defendant I and their specially related persons in the first instance trial, and 5.28% of shares in the first instance co-defendant J and their specially related persons, and co-defendant H and their specially related persons in the first instance were under the control and management of the said Exchange Savings Bank Group Group including the Savings Bank in the instant case.

3) The remaining Defendants except Defendant L are management officers of the instant savings bank, whose position and tenure of office are as follows, and Defendant L is the actual operator of Tgallon. The Plaintiff, as a result of an in-house director and audit committee member from September 30, 201 to April 28, 201, from December 12, 2003 to June 3, 2005, 206 to April 24, 2006, to April 12, 2003 to April 28, 2011, from September 24, 2003 to September 12, 2003 to September 29, 2005, to the Plaintiff’s false audit committee member from September 24, 2006 to September 18, 201 to September 21, 201.

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