손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The following facts may be found either as a dispute between the parties or as a whole by taking account of the overall purport of the pleadings in each entry in Gap evidence 1, 3, and 6.
C Co., Ltd. (hereinafter “instant company”) was established on October 11, 2010 for the purpose of exporting and importing agricultural, fishery, and livestock products.
B. At the time of incorporation of the instant company, the Plaintiff was registered as the sole internal director of the instant company, and was registered on October 11, 2013 as the Plaintiff retired.
C. D On January 15, 2014, at a special general meeting of shareholders of the instant company, D was appointed as an internal director of the instant company, and registered as an internal director of the instant company on January 17, 2014.
On January 27, 2014, the Defendant was appointed as representative director and internal director of the instant company at the temporary general meeting of shareholders on January 27, 2014, and registered as representative director and internal director of the instant company on January 28, 2014.
On October 11, 2010, the Plaintiff was issued two copies (E, F) of the corporate card under the name of the instant company from us, and became a guarantor for the instant company’s credit card payment obligation.
E. After the defendant was registered as the representative director of the company of this case, the re-issuance procedure was completed with respect to the above part of the corporate card.
In June 9, 2016, the amount of use in Chapter 2 of the corporate card which was reissued as of June 9, 2016 is 7,159,164 if the amount of use in Chapter 4,97,738 is more than 4,00 won
2. The parties' assertion
A. The Plaintiff’s assertion D’s extraordinary shareholders’ meeting on January 15, 2014, elected as an internal director of the instant company, and the Defendant’s extraordinary shareholders’ meeting on January 27, 2014, elected as a representative director and an internal director of the instant company, held without the Plaintiff’s notice of convening a notice and the Plaintiff’s participation.
As above, the Defendant was actively involved in holding a provisional shareholders' meeting on January 27, 2014 and was appointed as the representative director and in-house director of the instant company.
The defendant is appointed as the representative director and in-house director of the company of this case.