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(영문) 서울북부지방법원 2016.04.28 2014가합25256

손해배상(기)

Text

1. The Plaintiff:

A. Defendant C and E jointly share KRW 31,525,750, as well as its related amount from November 25, 2009, and Defendant C’s amount. < Amended by Presidential Decree No. 25789, Nov. 25, 2009>

Reasons

1. Basic facts

A. On July 21, 2005, the pertinent Plaintiff was established with the permission of the Seoul Special Metropolitan City for the operation of a sanatorium for older persons (hereinafter “instant medical care center”), and operated the F medical care center (hereinafter “instant medical care center”). However, as seen below, the pertinent Plaintiff is a social welfare corporation under liquidation proceedings after being subject to the disposition of revocation of the permission for incorporation on November 19, 2009.

Defendant B was the Plaintiff’s representative director from July 21, 2005 to October 25, 2009, as the Plaintiff’s founder and the Plaintiff’s representative director.

Defendant C was the Plaintiff’s director from July 21, 2005 to April 20, 201, and the Plaintiff’s representative director from October 15, 2009 to February 9, 201, and actually operated the instant medical care center by ordering Defendant D and E to work.

Defendant D was a vice-president of the Medical Care Center from July 21, 2005 to February 2, 2011, who was the head of the Plaintiff’s office-general.

Defendant E was employed by Defendant C and D from September 2008 to handle the work related to the Plaintiff and the instant medical care center, and was appointed as the director of the instant medical care center around August 19, 2009.

B. From around 2009, there was a conflict between Defendant B, C, Nonparty G, H, I (referred to as “Defendant’s directors”) and Nonparty J (former representative liquidator of the Plaintiff), K, L, M, and N (referred to as “J directors”).

1) On January 20, 2009, the Plaintiff’s directors held a regular board of directors. The Defendant’s directors presented a proposal to dismiss the directors who had not been submitted as the agenda in advance, and the J, the interested parties, did not participate in the voting and agreed on the above agenda by five of the nine directors, among the nine directors, to whom the Defendant’s directors were not present, decided to dismiss the J (hereinafter “the first board of directors resolution”).

(2) On January 29, 2009, the Defendant’s directors held a temporary directors meeting without a notice of convening the J on January 29, 2009 and made a resolution to appoint NonpartyO as a successor director of the J.