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(영문) 서울중앙지방법원 2017.06.22 2016가단5033182

정산금 청구

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 50,000,000 to the Defendant (Counterclaim Plaintiff) and its payment from July 10, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant is a company aimed at advertising, video, or film production and distribution business, and the Plaintiff was appointed as a director and a representative director of the Defendant company on October 2, 2003 and served as the representative director of the Defendant company until April 29, 2013.

B. On July 2, 2007, the Plaintiff was appointed as the representative director of C Co., Ltd. (hereinafter “C”) for the purpose of producing and distributing animation. The director D of the Defendant Co., Ltd was on March 13, 2013.

3. On April 26, 201, the Plaintiff requested the Plaintiff to convene a meeting of the board of directors on the grounds that “the Plaintiff, after taking office as the representative director C, neglected to perform the duties of the Defendant Company and used the corporate fund without due process.” However, the Plaintiff did not comply therewith. D convened the board of directors as of April 29, 2013 based on Article 390(2) of the Commercial Act on April 19, 2013, based on which the board of directors convened the board of directors as of April 29, 2013, and the said board of directors resolved to dismiss the Plaintiff from the representative director and appoint D as a new representative director.

C. Around June 28, 2013 after the Plaintiff was dismissed from the position of the representative director, the Defendant Company filed a complaint against the Plaintiff for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on the grounds that the Plaintiff voluntarily withdrawn KRW 2,636,00,000 from the Defendant Company’s funds and used them for personal

(Seoul Central District Prosecutors' Office 2013 type 59618), d.

In this regard, the Plaintiff appears to have remaining the provisional payment of KRW 181,523,373, which the Plaintiff had to repay to the Defendant Company as of December 31, 2012, in the written review opinion (Evidence A7) signed by the certified public accountant on August 19, 2013 regarding the provisional payment and the provisional payment account from 2003 to 2012.

However, the Plaintiff’s total amount of KRW 185,400,000, out of the amount that was paid to the Plaintiff on the account of acceptance money, is the place in which the Plaintiff did not participate.