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2012-06-26 18:21

Yuhan-Kimberly splitting up

By Park Si-soo

The country’s leading health and hygiene company Yuhan-Kimberly is embroiled in a legal dispute with minor shareholder Yuhan Corporation filing a lawsuit against the largest shareholder Kimberly-Clark to prevent the latter obtaining a bigger presence in corporate management.

Industry insiders said the litigation could bring an end to the smooth relationship of the two shareholders that has lasted for 42 years. Yuhan-Kimberly was established in 1970 as a 60-40 joint investment by U.S.-based Kimberly-Clark and Seoul-based Yuhan.

Yuhan confirmed Tuesday that it has filed a suit against Kimberly-Clark’s Hungary office with the Seoul Central District Court, seeking an injunction to prevent Kimberly from appointing more directors to the board in the upcoming general meeting of shareholders.

A company spokesman, however, refused to make further comment on the issue.

The Hungary office currently owns a 70 percent stake in Yuhan-Kimberly and has formally raised a request to fill five out of seven director positions at a shareholders meeting on July 3.

At present, the joint venture’s board is comprised of four directors appointed by Kimberly and three by Yuhan, a proportion that has remained unchanged since the birth of the company.

The dispute first came to the surface in 1998 when Yuhan sold a 10 percent stake in the firm to Kimberly-Clark amid a rapid downturn in the domestic economy. The sale dropped Yuhan’s stake in Yuhan-Kimberly to 30 percent, giving Kimberly a greater say in deciding managerial affairs.

Despite that the 4:3 ratio of directors has remained unchanged in order not to affect the long-running partnership.

However, Kimberly started openly vent its frustration over the state of affairs, raising objections to a Yuhan-initiated call for sacking Yuhan-Kimberly executives. The two have frequently been at odds with each other over other managerial decisions, observers said.

Kimberly claims wielding more influence in the joint venture is justifiable as long as it holds a controlling stake, while Yuhan refutes it saying the 4:3 ratio should remain unchanged to maintain the ”healthy partnership” of the two parties.

Some analysts say Yuhan’s struggle to keep the ratio will intensify since profits stemming from the joint venture are far bigger than that of its own medicine business.

Yuhan Corporation, a leading medicine provider established in 1926, has seen its sales declining. It posted 679 billion won in sales and 49 billion in operating profit last year.

Yuhan-Kimberly ㅡ a dominant player in all involved categories such as diapers, sanitary napkins and bathroom tissue ㅡ posted 135 billion won in operating profits last year on 1.3 trillion won in sales.




관련 한글기사


유한양행과 킴벌리 '이사선임권' 법적분쟁

위생용품업체 유한킴벌리가 이사 선임 문제를 두고 지분 업체 사이의 법적 분쟁에 휘말렸다.

26일 유한킴벌리에 지분을 가진 유한양행과 법조계에 따르면 유한양행은 유한킴벌리의 또다른 지분 업체인 킴벌리 클라크(Kimberly-Clark Trading LLC.)를 상대로 의결권행사 가처분 신청을 최근 서울중앙지법에 냈다.

유한킴벌리의 지분은 킴벌리 클락크가 70%, 유한양행이 30%를 가지고 있으며 이에 맞물려 이사 선임권은 4대 3으로 나뉘어 있다.

유한양행은 우선 이사선임권을 현재와 같이 유지하라고 요구했다.

유한양행은 킴벌리 클라크가 이사 선임권을 5대 2로 바꾸는 정관 변경을 시도하고 있는데 이는 합작투자 계약에 어긋나는 것이라고 강조했다.

아울러 자사 몫에 따라 이사를 해임하거나 임명하는 데 킴벌리 클라크가 반대하면 안 된다고 주장했다.

앞서 1998년 유한양행은 유한킴벌리 지분 10%를 킴벌리 클라크에 매각했다.

업계에서는 킴벌리 클라크가 이를 반영해 이사 선임권을 확대하려고 시도하고 있으며 이 과정에서 유한양행의 이사 임면(任免)에 제동을 거는 등 갈등이 생기는 것으로 보고 있다. (연합뉴스)


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