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(영문) 부산고등법원(창원) 2014.10.29 2014나379
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff (the former trade name before the change was a corporation C; hereinafter “Plaintiff”) is a company whose business purpose is the cutting and processing business of the steel board, the manufacturing and selling business of the Lines, etc., and the Defendant established the Plaintiff Company on January 2, 2008 and was appointed as the director and the representative director around that time.

B. During the period from September 2008 to October 1, 2008, E and F (hereinafter “E, etc.”) acquired 51% (E name 49%, F name 2%) out of the Plaintiff Company’s shares from the Defendant, etc., and became the major shareholder of the Plaintiff Company.

C. However, after becoming a major shareholder of the Plaintiff Company, there was a dispute between E, etc. and the Defendant. On November 2009, E, etc. requested the Plaintiff to convene a general meeting of shareholders with the purpose of meeting the Plaintiff’s representative director and the dismissal of directors and the appointment of four new directors, but requested the Plaintiff to convene a general meeting of shareholders in Changwon District Court 2009 U.S. 9. The above court permitted E, etc. to convene the general meeting of shareholders on December 2, 2009.

On December 18, 2009, the provisional shareholders' meeting of the plaintiff company was held, and the defendant's dismissal of directors and four new directors were presented. On the other hand, the appointment of four new directors was resolved, while the defendant's dismissal of directors was rejected by the quorum of a special resolution.

E. On December 31, 2009, the newly appointed directors held a board of directors of the Plaintiff Company and resolved to dismiss the Defendant from the representative director and appoint Nonparty G as a new representative director.

F. Meanwhile, on September 15, 2009, the Defendant voluntarily resigned from the representative director of the Plaintiff Company, and thereafter there was no remuneration paid by the Plaintiff Company, and after being dismissed from the representative director on December 31, 2009, there was no time to perform any duty as the representative director or the director.

(g)...

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