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(영문) 의정부지방법원 2016.08.24 2015가합52159

손해배상(기)

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a shareholder who holds 2,00 shares of common shares equivalent to 20% of the total number of shares issued by D Co., Ltd. (hereinafter “Non-Party Company”). Defendant B is the representative director of the Non-Party Company, and Defendant C is the auditor of the Non-Party Company.

B. In the Seoul High Court case 2007Na120687 between the non-party company and the Cheongju, the conciliation was concluded on November 3, 2008 that the Cheongong Co., Ltd. (hereinafter “Cheongong”) shall pay KRW 1 billion to the non-party company. The non-party company received KRW 500 million on November 30, 2008 and KRW 500 million on December 31, 2008, respectively, according to the above conciliation.

C. On August 12, 2014, the Plaintiff: (a) under the title “request to file a lawsuit for the prosecution of directors’ liability” with Nonparty Company as receiver; and (b) based on Defendant B, the Plaintiff sent a content-certified mail demanding the Defendants to bring a lawsuit to enforce liability; and (c) filed the instant lawsuit on August 28, 2014.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The Plaintiff’s assertion that the non-party company did not engage in particular business activities, and is operated as a personal company by the Defendants. The Defendants are liable for compensating for damages to the non-party company, given that the non-party company used 1 billion won received from Cheongong as an individual by embezzlement, thereby incurring losses to the non-party company.

The Plaintiff, a shareholder who holds no less than 1/100 of the total issued and outstanding shares of the non-party company, may seek damages from the embezzlement of the Defendants by means of a shareholder derivative suit for the non-party company, and seek partial payment of KRW 100,100,000 to the non-party company.

3. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

(a) related;