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(영문) 대구지방법원 2018.06.21 2016가합207878
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. On February 13, 2014, the Plaintiff, under the trade name of “I, established Defendant C Co., Ltd. (former trade name: I Co., Ltd.; hereinafter “Defendant Co., Ltd.”), and paid KRW 200 million in K’s name, and acquired the entire shares of Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. At the time of the establishment of the Defendant Company, the Plaintiff was not able to operate the Defendant Company in its name because it was designated as a violation of the Petroleum and Petroleum Substitute Fuel Business Act. Accordingly, the Plaintiff held title trust with K all of 20,000 shares issued by the Defendant Company, registered K as an in-house director, and operated the Defendant Company.

C. After that, on May 15, 2014, K wanting to resign from an in-house director, the Plaintiff re-title trust with L 10,200 shares in the name of K 20,000 (51%) and operated the Defendant Company after registering L as an in-house director.

around February 5, 2015, Defendant B acquired all the shares of K 9,800 shares of the Defendant Company (49%) and L 10,200 shares of the Defendant Company (51%). On February 6, 2015, Defendant B was appointed as an internal director of the Defendant Company and resigned on January 6, 2016.

After October 14, 2016, Defendant B was appointed as the inside director and representative director of the Defendant Company, and has been registered as the inside director and representative director of the Defendant Company until now.

E. Defendant E was appointed as an internal director of the Defendant Company on January 6, 2016, but resigned on August 12, 2016. Defendant F was appointed as an auditor of the Defendant Company on January 6, 2016, but resigned on August 12, 2016. Defendant G was appointed as an auditor of the Defendant Company on October 14, 2016 and registered as an auditor of the Defendant Company up to the day.

F. Around March 23, 2016, M Co., Ltd., the representative director of Defendant H, acquired five vehicles owned by the Defendant Company from the Defendant Company.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, 17, 23 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion.

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