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(영문) 서울중앙지방법원 2015.02.13 2014가합534546

손해배상(기)

Text

1. The plaintiff A's lawsuit is dismissed.

2. The plaintiff B and C's claims against the defendants are dismissed, respectively.

3...

Reasons

1. Basic facts

A. The party status 1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)

The purpose of the Plaintiff Company is the manufacturing, selling, and exporting and importing of water treatment, environment, and drugs for process. The major shareholder of the Plaintiff Company is F (one major shareholder holding approximately 50.75% of the total number of outstanding shares) and two major shareholders hold approximately 33.16% of the total number of issued shares and hereinafter “rate industry”).

(2) Plaintiffs B, C, Defendant D, and E are the representative director, in-house director, and auditor of the Plaintiff Company.

The representative director, director, auditor, and their terms of office, including the above plaintiffs and the defendants, of the plaintiff company are as follows:

Although the registration of retirement was not entered in the corporate register from August 29, 2012 to May 2, 2014. However, according to the evidence Nos. 8 and 25, F is recognized as dismissed from office as representative director on May 2, 2014.

From July 25, 2014 to July 25, 2014, Defendant D’s inside director (president) from March 18, 2010 to January 3, 2013 to July 25, 2014, Defendant E-auditor from September 2, 2013 to September 2, 2013 as of September 2, 2013 to July 25, 2014, Plaintiff B’s inside director from March 18, 2014 to July 25, 2014; the representative director from May 27, 2014 to July 25, 2014 to July 25, 2014, Plaintiff C head of the headquarters of Plaintiff C on December 29, 2013 to July 25, 2014 to a managing director on July 21, 2014.

B. Defendant D and E’s notice on Defendant D and E’s in-house bulletin board around 15:00 on April 30, 2014, under the title “the name of representative director F in the company’s bulletin board,” “the representative director and the major shareholder’s position for the normalization of the Plaintiff Company”, Defendant D and E committed unlawful acts, such as entering into a business trust agreement with the Plaintiff Company and the Plaintiff Company for their personal interests, and Plaintiff B and C give unfair preference to the Plaintiff Company during the process of selecting and entering into a contract with the Plaintiff Company as a Chinese subsidiary.