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(영문) 서울중앙지방법원 2020.02.04 2019가단5167734

손해배상(기)

Text

1. For the plaintiffs:

A. Defendant C shall pay KRW 10,000,000 each year from February 26, 2015 to February 4, 2020.

Reasons

1. Facts of recognition;

A. A. A general meeting of shareholders relating to the resignation of Defendant C’s representative director 1) E Co., Ltd. (hereinafter “E”).

(2) On September 11, 2014, Defendant C changed the contents of the articles of incorporation regarding the representative director, etc. of Defendant C’s representative director, resigned from office, and the resolution of the general meeting of shareholders to elect Plaintiff A as representative director (hereinafter “the resolution of the general meeting of shareholders”) was made on May 20, 2014; Defendant C completed the registration of resignation of the representative director of Defendant C and the registration of the appointment of the representative director of Plaintiff A; 2) on September 11, 2014, under the Seoul Central District Court Decision 2014Ga4534, supra, the said resolution of the general meeting of shareholders was not made on May 20, 2014, and there was no resolution of the general meeting of shareholders to confirm the appointment of the representative director on May 20, 2014, and there was no resolution of the general meeting of shareholders on May 20, 2014.

3) On December 5, 2014, E held a special general meeting of shareholders on December 5, 2014, and resolved to ratification the general meeting resolution as of May 20, 2014 on the resignation of Defendant C’s representative director and director-general and the appointment of Plaintiff A’s representative director. (b) Defendant C filed a complaint with the Plaintiffs (hereinafter “instant complaint”) stating that, around February 26, 2015, “Around February 26, 2015, the Plaintiff forged the minutes, etc. of the special general meeting of shareholders as of May 20, 2014 and registered as the resignation of Defendant C representative director by using the minutes, etc. of the provisional general meeting of shareholders as of May 20, 2014, the Plaintiffs were punished as forgery of private documents, the event of the said provisional document, the fraudulent entry of the original authentic document, and the unlawful exercise of

The Seoul Central District Prosecutors' Office was forged on November 19, 2015, the minutes of the provisional shareholders' meeting held on May 20, 2014.

It is recognized that the registration of resignation was made against the defendant C's will.