손해배상(기)
1. Of the instant lawsuit, the part of the claim against Defendant C shall be dismissed.
2. The plaintiff's defendant B corporation
1. Facts of recognition;
A. On May 31, 2010, Defendant D and Defendant C established Defendant B Co., Ltd. (hereinafter “Defendant Company”) for the purpose of the establishment and construction execution business of other workshops, which received investment from the Plaintiff and agreed to be engaged in the same business with the Plaintiff, while engaging in other workshops news service management business under the trade name of “E”.
On the same day, the plaintiff, D, and defendant C were appointed as the inside director of the defendant company, and on December 9, 2010, D was appointed as the representative director.
B. The Plaintiff is working as an internal director in charge of the funds of the Defendant Company, and the issue was that Defendant C automatically transfers personal car installments from the bank account of the Defendant Company. There was a conflict with Defendant C, including withdrawal of a complaint filed on the ground that D used the corporate card as an individual, and the Defendant Company was faced with financial difficulties, such as low business performance and failure to pay the benefits of the Plaintiff and D properly.
C. On February 2012, the Plaintiff agreed to resign from the Defendant Company and to liquidate the partnership relationship on March 21, 2012, the Plaintiff was paid an amount equivalent to 34% of the Plaintiff’s shares, based on the amount deposited after settling the assets and liabilities of the Defendant Company.
On April 6, 2012, the Plaintiff received KRW 7,310,000 from the Defendant Company.
On October 26, 2012, the Plaintiff was dismissed from the inside director by a resolution of the general meeting of shareholders of the Defendant Company, and thereafter the Defendant Company closed its business.
[Reasons for Recognition] The facts without dispute, Gap evidence 2-3, 3, 6-1, 2, 7, 10, 11-1, 3, and the purport of the whole pleadings
2. The plaintiff's assertion
A. The Plaintiff filed a claim against the Defendant Company, from July 1, 2010 to February 29, 2012, serving as a director at the Defendant Company.
The Plaintiff was paid KRW 9,046,640 from November 1, 2011 to February 2, 2012 by the Defendant Company and received KRW 7,310,00 among them on April 6, 2012, and the remainder of KRW 1,736,640 and the amount of retirement KRW 90,020.