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(영문) 서울남부지방법원 2015.07.09 2014가합110007
위약금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

Basic Facts

On November 28, 2013, when the board of directors of the non-party C Co., Ltd. (hereinafter “C”) opened on November 28, 2013 jointly appointed as the representative director, the Defendant agreed on the operation, etc. of the company (hereinafter “instant agreement”) on the same day and entered the details in the meeting minutes of the board of directors.

Of the minutes of the board of directors meeting dated November 28, 2013, the relevant contents of the instant case are as follows.

The chairperson of the case of the election of the representative director of the agenda item 2 was dismissed on November 28, 2013, so the method of election has been discussed in order to select the representative director D of the party, and the present representative director shall be elected as follows by a resolution to perform the duties of the representative director.

B. The representative director who was appointed A(2) is consenting to his appointment at his seat.

B Representative Director: Overall control over the business activities of the company.

The representative director A's scope of business shall be primarily engaged in business activities for new shareholders of a company. If such representative director exceeds the scope of business or intends to dismiss one another, he/she shall be liable to compensate for damages.

On December 19, 2013, the defendant resigned from office as C representative director and director.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2 (each number is included; hereinafter the same shall apply) and the summary of the claim for judgment as to the claim for the entire purport of the pleadings, unlike the agreement in this case, the defendant seeks to dismiss the plaintiff as the representative director as follows. Thus, the plaintiff shall be paid KRW 50 million and damages for delay according to the agreement in this case.

The defendant did not transfer the plaintiff's representative director's seal impression and the certificate of issuance of a seal imprint to the defendant for the registration of representative director, and the defendant did not return it for two days, and Eul intended to forge and submit a letter of resignation of representative director under the name of the plaintiff, but failed ultimately.

In addition, the defendant may forge the letter of resignation of the representative director under the name of the plaintiff on December 19, 2013.

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