손해배상(기)
1. Defendant C and G jointly and severally with the Plaintiff KRW 2,850,000,00 and Defendant C with respect thereto from October 13, 2009 to September 4, 2013.
1. Facts of recognition;
A. 1) The Plaintiff is a company established for the purpose of electronic, electrical, and product manufacturing and selling business. 2) Defendant C was the Plaintiff’s largest shareholder. From September 11, 2008 to October 16, 2009, the Plaintiff was a representative director.
Defendant D, as the Plaintiff’s second shareholder, served as the Plaintiff’s auditor from September 1, 2008 to May 25, 2009, and as the Plaintiff’s internal director from May 24, 2009 to March 4, 2011.
Defendant E and F served as Defendant D’s internal director from March 30, 2009 to March 4, 2011 at Defendant D’s request.
At the request of Defendant C, Defendant B served as the Plaintiff’s director from March 30, 209 to March 4, 201, and the Plaintiff’s representative director from October 15, 2009 to March 4, 201.
3) On July 12, 2009, Defendant G decided to acquire the Plaintiff’s stocks and management rights from Defendant C, and was involved in the management of the company as a managing director, a non-registered director, following the date of concluding the management right acquisition contract. B. Defendant B had the Plaintiff’s claim amounting to KRW 150 million against Defendant C who was the largest shareholder and the representative director, and the Plaintiff’s appointment was made upon Defendant C’s recommendation.
2) Defendant D purchased 2,440,00 shares of the Plaintiff at the recommendation of Defendant C in 2007, and became the two shareholders of the Plaintiff. Defendant D was appointed as the Plaintiff’s auditor to monitor the operation of the Plaintiff as an investor. In addition, Defendant D had a claim of KRW 3.5 billion against Defendant C, but Defendant D was appointed as the Plaintiff’s director in relation to the collection of the above claim, and Defendant E and F was appointed as the Plaintiff’s director. 3) Defendant D was appointed as the president of the board of directors at the meeting of the board of directors on May 26, 2009.
On May 25, 2009, the general meeting of shareholders of the plaintiff was amended to take charge of the general meeting of shareholders and the convening authority of the board of directors and the chairperson of the board of directors.
Thus, defendant D can call the general meeting of shareholders and the board of directors of the plaintiff.