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(영문) 서울중앙지방법원 2020.07.22 2020가단5055035

소송비용 청구의 소

Text

1. The Defendant’s KRW 58,287,906 for the Plaintiff and KRW 5% per annum from December 18, 2019 to July 22, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a shareholder who owns 53,34 shares (10.67%) out of the total number of shares issued by the Defendant 500,000 shares.

On May 31, 2017, the Plaintiff filed an action against the Defendant’s auditor C in writing against the Defendant on the ground that D, the representative director of the Defendant, committed an occupational breach of trust and embezzlement against the Defendant.

B. The Plaintiff directly filed a shareholder representative suit against D pursuant to Article 403(3) of the Commercial Act, which the Defendant did not file a suit against D, with the Jeju District Court E and the same court F.

C. The progress of the Jeju District Court E case 1) The Plaintiff filed a claim against D for damages against D with the Jeju District Court E, stating that “D shall pay KRW 1.7 billion and its delay damages to the Defendant,” but the judgment against the Defendant was rendered on October 25, 2018. (2) The Plaintiff appealed the above judgment, but the Plaintiff’s appeal was dismissed on May 8, 2019 and the said judgment became final and conclusive.

(Seoul High Court G). (D)

The proceedings of the Jeju District Court F case 1) The Plaintiff filed a claim against D for damages against D with the Jeju District Court F that “D shall pay the Defendant KRW 4.3 billion and its delay damages,” but the judgment against the Plaintiff was rendered on October 25, 2018. 2) The Plaintiff appealed the above judgment. The appellate court rendered a final judgment on the ground that D’s lending of funds to H constitutes a case where D’s director intentionally or negligently acted in violation of the law or neglected his/her duties, and thereby, D’s lending of funds to H constitutes a case where D’s director intentionally or negligently acted in violation of the law, and thereby, D’s obligation to compensate the Defendant for the damages thereby, on the ground that “D is liable to compensate the Defendant for the damages.” From July 13, 2017 to May 8, 2019, D’s payment was made at the rate of KRW 5% per annum and the amount calculated at each rate of KRW 15% per annum from the next day to the day of full payment.”

(I) The Gwangju High Court Jeju District Court I) e.

On August 2017, the plaintiff of the provisional attachment application case was filed on August 1, 2017.