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(영문) 전주지방법원정읍지원 2016.11.16 2016가합54

주식회사 이사해임의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status C Co., Ltd. (hereinafter “C”) is a corporation whose business purpose is the manufacture of free recycling materials and wholesale and retail business, and the Plaintiff owns 37,700 shares (50%) out of 75,400 shares issued by C, and the Defendant is a representative director and an internal director of C.

B. On September 16, 2013, the Plaintiff acquired KRW 17,700 shares of C, which are owned by the Defendant, from the Defendant, KRW 495,600,00,00, and received preemptive rights (payment amount of KRW 20,000 per share) for 20,00 shares issued by C, and entered into a contract for the transfer of shares and a partnership with the content of distributing profits according to their shares. 2) On September 17, 2013, the Plaintiff acquired KRW 498,258,000 from the payment to the Defendant of KRW 498,258,000 on September 16, 2013, the Plaintiff acquired KRW 17,700 shares of C, after paying the shares transfer and the shares transfer price pursuant to the said contract for the business, and acquired KRW 300,000 on October 14, 2013, issued the shares by the Nonghyup account (D, hereinafter the same).

3 At the time of the transfer of shares and the conclusion of a partnership agreement, the executive of C was the defendant, who is an internal director.

The Plaintiff’s intra-company director E is an auditor of C on October 10, 2013, E is an intra-company director of C on the same day, and the Defendant was the representative director of C on the same day, and E is a representative director of C on January 3, 2014, and he/she was appointed as a representative director on November 11, 2014, but he/she again resigned from the representative director and was appointed as an auditor on November 3, 2014. The Defendant resigned from the representative director and the intra-company director on November 11, 2014, and the Defendant again resigned from the representative director and the intra-company director on November 11, 2014. The F resigned from the inside director on November 11, 2014, and on the same day, G, a spouse of E, was appointed as the intra-company director of C.

C. Criminal Complaint E against the Defendant, etc. refers to embezzlement or breach of trust by referring property damage to the Defendant and his spouse as embezzlement of C’s property or breach of his duties.