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(영문) 대구지방법원 2019.03.15 2018가단115013
손해배상(기)
Text

1.(a)

Defendant F shall pay Plaintiff A KRW 6,00,000, and KRW 3,000,000 for each of the said money to Plaintiff B, C, and D, and each of the said money.

Reasons

1. Basic facts

A. Nonparty I Co., Ltd. (hereinafter “Nonindicted Company”) is a stock company established on November 29, 201 for the purpose of distributing, processing, storing, selling, etc. agricultural products.

The Defendants, as married couple, were registered respectively as inside directors and representative directors of the non-party company from November 29, 201 to November 29, 2017, and Defendant G as inside directors from November 29, 201 to June 16, 2017, and as inside directors from June 17, 2017 to November 29, 2017.

On the other hand, the J was registered as an internal director from the time of incorporation of the non-party company to November 29, 2017 due to the birth of Defendant G, and was registered as an internal director and the representative director on February 19, 2018.

B. On August 1, 2014, Plaintiff C, which is the form of Defendant G, was affiliated with the Nonparty Company on January 31, 2016, Plaintiff B, who is an son of K in a de facto marital relationship with J, was affiliated with the Defendant G, on July 1, 2016, Plaintiff D, the father of Defendant G, was affiliated with the Nonparty Company on December 1, 2016, and Plaintiff E, June 2, 2017.

C. On November 22, 2016, Nonparty Company participated in the extraordinary shareholders’ meeting as a shareholder by J, Defendant F, Plaintiff B, and C.

The minutes of the above general meeting of shareholders include those of plaintiffs B and C for the appointment of directors, those of the representative director (Defendant F), and those of the subsequent delegation of the appointment of a new representative director to the board of directors.

The minutes of the above general meeting of shareholders are prepared by the plaintiff A, and there is no name and seal or signature of the Speaker and the director present.

Since then, Defendant F was unable to enter the Non-Party Company’s office due to the change of a locking device in the door of the Non-Party Company’s office. The J and the Plaintiff terminated the corporate account deposit management service with respect to Defendant F using the corporate seal impression of the Non-Party Company, re-issuance of the corporate identification card, and the J actually performed the duties of the representative director.

Plaintiff

B and A are a “L” individual company whose representative is Plaintiff B while Defendant F was unable to perform the representative director’s title.

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