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(영문) 부산지방법원 동부지원 2018.12.13 2018가합103968
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 Plaintiff, the Defendant, C, and D are shareholders of E Co., Ltd. (hereinafter “E”), and the Plaintiff owns 50% of the total issued shares, the Defendant owns 31% of the total issued shares, D 14% of the total issued shares, and C owns 5% of the total issued shares.

B. On December 15, 2016, the Plaintiff, the Defendant, C, and D prepared a “E Shareholders’ Agreement” with each other, and on the same day, a notary public was certified at the Fhap Law Office as the notary public No. 3759 on the same day.

(hereinafter “instant agreement”). Among the contents of the said agreement, the parts relating to the Plaintiff’s claim of this case are as follows.

Article 1. The objective of this Agreement is to ensure that the Plaintiff acquired and operated with respect to the Durgr business of Germany in 1994, and established and operated E in 201 in good faith for a total of 22 years, and that the company has been lawfully operated, including dividends, etc. to stockholders from the date of the establishment of this Agreement, and to clearly define the operation of the company and transfer of shares in the future by preventing any dispute between stockholders in the future on the basis of the current asset status and performance of the company, based on the current asset status and performance of the company.

Article 2 Confirmation that the shares of the Company at the time of preparation of this Agreement are owned by Plaintiffs 50%, Defendant 31%, D14%, and C5% shares.

Article 7 Other shareholders of the company liable for damages due to the type, such as the sale of the company's business and management rights, can not file a civil or criminal objection against the remaining shareholders or the company's actual and formal managers with respect to the operation of the company prior to the date of preparation of this Agreement, and if so, the company's business operation can be avoided on the ground that there was a dispute within the company, and the company's management right is adversely affected by the sale of management rights to others. Thus, the shareholders who have raised civil or criminal issues shall be compensated for damages according to the share ownership ratio.

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