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1. The plaintiff's respective claims against the defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff and the Defendants were the shareholders and executive officers of D Co., Ltd. (E regardless of whether it was before or after the mutual change; hereinafter “E”).
The Plaintiff, as a managing director of E, has overall control over the affairs of bid, accounting, etc., and Defendant B was the representative director of E from March 24, 2011 to October 15, 2014.
Defendant C was appointed as the representative director of E on October 15, 2014.
On October 14, 2014, the Plaintiff, including the drafting of the instant agreement, decided to terminate the joint operation of the Defendants and E, and drafted a notarized letter of agreement with the following contents:
(A) Evidence No. 1, hereinafter “instant agreement”). The instant agreement
1. Defendant B, C, and the Plaintiff (hereinafter referred to as “third party”) is a shareholder of E and is an executive officer.
Since the above three parties have been jointly operated and jointly decided as to E or F Co., Ltd. (hereinafter “F”) regardless of their status and the number of shares held, they agreed to fulfill their joint obligations in return for promising the fulfillment of their joint obligations, and to bear joint and several responsibilities for all civil or criminal cases as follows, and to actively respond to the problem resolution.
- The following three agree to bear joint responsibility for each third (33.3%) in the event a civil or criminal case occurs to one of the three-thirds of the Co., Ltd. D or the above "third party" for a period from the date of E's incorporation (6 June 16, 1992) to the date of the conclusion of this notarial letter (Agreement).
F is a E subsidiary.
In the event a civil or criminal case occurs to one of the F or the third parties and the representative director of the F in connection with the company during the period from the F's acquisition date of the company ( November 27, 2009) to the date of conclusion of this notarized letter of agreement, the third party shall be each of the third parties.