회사에 관한 소송
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs are stockholders of K Co., Ltd. (hereinafter “K”) that is engaged in providing services related to computers and information and communications systems, information and communications construction business, and electrical construction business.
K’s total number of outstanding shares is 2,730,00 shares, and Plaintiff A owns 6,930 shares, Plaintiff B is 6,300 shares, Plaintiff C is 10,500 shares, Plaintiff D is 21,000 shares, Plaintiff E is 92,40 shares.
(The aggregate of the shares owned by the plaintiffs is 137,130 shares, which are 5.023% of the total shares issued.
The Defendants were officers or officers of K. K.
Defendant F is a director on March 24, 200, and the representative director on April 30, 2008, Defendant H is a director on January 30, 2012, Defendant I is each internal director from October 18, 2012.
Defendant G, the spouse of Defendant F, was audited from September 1, 2014 to March 30, 2017, and Defendant J was the auditor from March 30, 2017.
C. On December 24, 2014, Defendant F assumed office as the representative director of L Co., Ltd. (the trade name before and after the change refers to “M of Co., Ltd.”; hereinafter “L”) who operates computer, information and communications system installation, consulting, telecommunications business, etc., and resigned on February 6, 2015, and Defendant G was appointed as the representative director of L on the same day.
Defendant H was appointed as an internal director on December 24, 2014, but resigned on February 15, 2017, and was appointed as an auditor on the same day.
On August 29, 2018, the Plaintiffs sent to K a content-certified mail requesting the Defendants to institute a lawsuit against the Defendants on the grounds of the Defendants’ violation of the duty of prohibition of competition and the Defendants’ violation of the duty of care, etc., and the said content-certified mail reached K on the following day.
K did not comply with the plaintiffs' claim, and the plaintiffs filed the lawsuit in this case on October 8, 2018, and after that, K did not file a lawsuit against the defendants.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 9 (including virtual number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiffs.