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(영문) 광주지방법원순천지원 2015.03.11 2014가합13038
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant Company is a corporation operating marine cargo transport services, etc., and the Plaintiff was a representative director or an intra-company director at the Defendant Company from June 26, 2002 to July 4, 2014 (the Plaintiff was appointed on June 26, 2002, appointed on June 25, 2005, appointed on February 14, 2007, appointed on February 16, 2010, reappointed on February 16, 2010, reappointed on February 16, 2016, and resigned on July 4, 2014).

B. Of the 5,000 shares issued by Defendant Company, C, an employee of 4,200 shares, held the remainder of 800 shares.

According to C's proposal, on June 12, 2014, the Plaintiff transferred the shares to D, who is the wife of C, to KRW 70,000 per share, and thereafter C and D have come to hold all the shares issued by the Defendant company.

C. C and D, a shareholder of the Defendant Company, modified the provisions regarding the term of office of directors (Article 31) in the articles of incorporation of the Defendant Company (Article 31) to “three years” through a written resolution in lieu of a resolution of a special shareholders’ meeting on June 19, 2014.

C and D married couple were appointed as inside directors of each defendant company on July 1, 2014.

On July 4, 2014, according to C's proposal, the Plaintiff submitted each letter of resignation and resignation of the representative director and in-house director to the effect that the Defendant Company will resign respectively from the representative director and in-house director positions.

Each of the above resignation notes stated, “A principal is reappointed to the representative director of the defendant company (in-house director) and is currently in the term of three years (2013 to 2015) (2013 to 2015), but he/she demanded the resignation of the representative director (in-house director) on the side of the oligopolistic shareholder and it is inevitable to resign from his/her office.”

A No. 6, B No. 1, hereinafter referred to as "each resignation of this case"

A. C was appointed to the representative director of the Defendant Company by means of a written resolution in lieu of a resolution of the temporary general meeting of shareholders on the same day. [The fact that there is no dispute over the grounds for recognition, the entry of Gap No. 1, 3, and 6, and Eul No. 1, and the purport of the whole

2. The Plaintiff’s term of office is three years, and thus, the representative director and the representative director of the Defendant Company on February 16, 2013.

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