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(영문) 서울고등법원 2015.11.13 2015나2005642

회사에 관한 소송

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. Basic facts

A. The Defendant is operating H Hospital (the name of the H Hospital changed to the name of the I Hospital) approved by the general hospital in Gyeyang-gu Incheon Metropolitan City and the J Care Center for the Aged as a specialized sanatorium for the aged.

(B) The sum of H Hospital and J Medical Care Center (hereinafter referred to as the “instant hospital, etc.”) is as follows.

Plaintiff

A as a founder of the Defendant, from April 2007, served as a director with the Defendant’s power of representation (referred to as “president” and “president” under the Articles of Incorporation). From June 25, 2012 to January 27, 2014, A was registered as the Defendant’s director.

C. On May 9, 2012, Plaintiff A entered into a contract with K and L (hereinafter “K, etc.”) to sell all rights related to the Defendant, including the Defendant’s assets and operating rights, to K, etc. (hereinafter “instant contract”) and agreed to pay a down payment of KRW 800 million out of KRW 1.5 billion on the date of the contract, the remainder of KRW 700 million on the date of May 15, 2012, the intermediate payment of KRW 8.4 billion on June 30, 2012, the remainder of KRW 1.355 billion on the second installment payment, and KRW 2.7 billion on the second installment payment of KRW 1.3 billion on September 30, 2012, and the second installment payment of KRW 1.355 billion on the second installment payment of KRW 1.300 million on the date of the contract, and each of the said intermediate payment of KRW 300 million on March 30, 2013.

Plaintiff

A received the down payment of KRW 1.5 billion from K, etc. under the instant contract, and after hearing the phrase “to pay the intermediate payment and the balance after the chief director is transferred from K, etc.,” and on July 10, 2012, a written statement of performance was prepared to change the Defendant’s president to K.

E. Meanwhile, the Defendant did not hold each of the board of directors listed in the separate sheet 1 and 2 (hereinafter “each of the board of directors listed in the separate sheet 1”) on June 25, 2012 and September 17, 2012 (hereinafter “each of the board of directors listed in the separate sheet 1”) but, as of June 25, 2012, read “K as directors and directors, as directors, and directors, as of September 17, 2012,” and read “M as directors and directors, L, N, andO as directors, directors, and P as auditors.