이사 책임추궁 손해배상
1. All of the instant lawsuits are dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. The Plaintiff’s assertion is a shareholder who owns 20,00 shares among 40,00 shares issued by the Plaintiff’s Intervenor. Defendant C is a representative director of the Plaintiff’s Intervenor, and Defendant D is an internal director of the Plaintiff’s Intervenor.
The Defendants, without the resolution of the general meeting of shareholders, sell 10,00 square meters among the land of Gyeonggi-gun E (hereinafter “instant land”) which is an essential property of the Plaintiff’s Intervenor’s Intervenor’s business to the Plaintiff’s Intervenor on April 19, 2010, and incur damages of KRW 727,276,00 to the Plaintiff’s Intervenor. ② The Defendants offered the instant real estate as security on February 21, 2014 to the Plaintiff’s Intervenor, thereby incurring damages of KRW 78,00,000 to the Plaintiff’s Intervenor. ③ around July 30, 2012, the Plaintiff’s Intervenor’s funds KRW 28,000,000 to the Plaintiff’s Intervenor’s funds were repaid to Defendant C’s personal debt, ④ KRW 12,000,000,000 to the Plaintiff’s funds were jointly liable for damages to the Plaintiff’s Intervenor’s 160,500,015.
The Plaintiff, as a shareholder of the Plaintiff’s Intervenor, filed the instant lawsuit against the Defendants, who are directors, to enforce their responsibilities in accordance with Article 403 of the Commercial Act.
2. Whether the Plaintiff’s lawsuit against the Defendants is legitimate
A. Ex officio, we examine whether the instant lawsuit satisfies the requirements for filing a suit under Article 403 of the Commercial Act.
B. According to Article 403(1), (3), and (4) of the Commercial Act, a shareholder who holds no less than 1/100 of the total issued and outstanding shares shall file an action against the company to enforce the liability of directors.