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(영문) 서울중앙지방법원 2017.11.10 2016가합505306
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) Status of a party is D (D. hereinafter “D”) established in the United States of America

(2) On October 19, 2009, the representative director E was changed from G to May 13, 2015, but the name related to the instant case was G at the time of the change, and thus, “G” is deemed as “G.”

(2) Defendant B is an attorney-at-law in charge of authentication belonging to Defendant C.

B. At the time of the establishment of the Plaintiff, the Plaintiff’s shareholder registry was registered as one shareholder by H. However, D acquired all shares from H on January 19, 2010, and was registered as one shareholder via the transfer process. 2) On January 19, 2010, I was appointed as an internal director according to the resolution of the temporary shareholders’ meeting, and H resigned from the internal director’s office.

After March 30, 2010, E's mother JJ was appointed as internal directors according to the resolution of the general shareholders' meeting on March 30, 2010, and I resigned from internal directors on the same day.

On the other hand, K was appointed as auditor according to the above resolution.

C. On April 5, 2011, H and L were prepared a list of shareholders as if the Plaintiff-1 shareholder was D, even if the Plaintiff-1 shareholder was a shareholder, and as if the Plaintiff-1 shareholder was a shareholder, the Plaintiff-1 shareholder was the president of the Plaintiff’s general meeting and the shareholders present at the meeting, and the Plaintiff-1 shareholder was qualified as the one shareholder, and the Plaintiff-1 shareholder was removed from office directors J and auditor K, and H was appointed as an internal director and auditor respectively.

On the same day, the defendant B, who is aware of the circumstances, submitted the register of shareholders and the minutes of the extraordinary general meeting of shareholders to the defendant B as if they were duly formed, on the ground that M was commissioned by the defendant C office.

H and L based on this, shall be able to change the registration officers of the Plaintiff and G and to make a false report on the loss of G sovereignty and thereby issue G in the amount of KRW 6.5 billion.

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