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(영문) 부산지방법원 2018.10.24 2017가합52869
구상금
Text

1. The Defendant’s KRW 473,738,044 as well as 5% per annum from September 12, 2018 to October 24, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 27, 2013, the Defendant: (a) was established for the purpose of construction business, civil engineering business, etc. on November 27, 2013; (b) held B 50 shares out of the total number of shares issued at the time of establishment; and (c) held C 950 shares; and (b) around that time, B was an internal director and C was appointed as a representative director; and (c) the Defendant increased shares of 200,000 shares on January 20, 2014; and (b) held B 100,050 shares out of the total number of shares issued; and (c) held C 10,950 shares each.

At that time, the representative director of the defendant was changed to B, and C resigned from the representative director and was appointed as the inside director.

B. Around September 2014, 2014, B filed a complaint with C as a crime of occupational embezzlement and fabrication of private documents, etc. Around that time, disputes related to the operation of the company occurred between B and C. (2) On September 12, 2014, the Defendant’s temporary general meeting of shareholders was held on September 12, 2014, and the resolution was adopted to prohibit B’s authority and duties as the representative director.

After that, on September 18, 2014, a resolution was made to dismiss B from the representative director and appoint C as the representative director, with the initiative of C on September 18, 2014.

(hereinafter collectively referred to as “each of the instant resolutions”) C.

1) On September 29, 2014, B filed a lawsuit against the Defendant seeking confirmation of non-existence of each of the instant resolutions against the Defendant as the Busan District Court 2014Gahap13238, which dismissed B from the Defendant’s representative director and appointed C as the representative director. 2) Busan District Court declared on January 27, 2016 that each of the instant resolutions did not exist on the grounds that “each of the instant resolutions was due to a serious defect that the Defendant did not undergo a convocation procedure of a special shareholders’ meeting as of September 12, 2014 and September 19, 2014.” The said judgment became final and conclusive on February 13, 2016.

(hereinafter referred to as “related civil cases”) D.

(e).

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