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(영문) 수원지방법원안양지원 2020.08.21 2018가합102411
회사에 관한 소송
Text

1. Defendant C is dismissed from office as director of Defendant C Co., Ltd.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. On August 23, 2016, the Plaintiff entered into a strategic partnership agreement with D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”), a Japanese company, with the following details, on August 23, 2016.

Article 1 (Purpose) The purpose of this Agreement is to prescribe their rights and obligations in strategic alliances for the manufacture and commercialization of the Pyrrole-Imidio-Petides (hereinafter referred to as the "PIPA") which are geneticly transferred materials by E, Plaintiff, and D.

Article 2 (Abstract of Strategic Alliances)

1. E is newly established in Korea in cooperation with the Plaintiff and D by September 10, 2016 in order to establish a new production corporation (B) of the PIPA in Korea, and E transfers to B the manufacture technology, etc. for the production of the PIPA in order to enable B to manufacture the PIPA’s GTPP.

2. The Plaintiff, using the PIPA provided by the E and B, proceeds from the development and clinical tests, etc. of new drugs for the new and pre-faculatory cancer, and E and B shall provide all of the technologies and know-hows necessary for the development and clinical tests, etc. of the Plaintiff’s new drugs.

3. The incorporation capital of B is KRW 2 billion in Chinese currency, and its equity ratio is KRW 50% E, Plaintiffs 45%, and 45%.

(b)

7. The Plaintiff acquires land and buildings for the production factory B, leases land and buildings to B for a long time, and at the same time constructs MF production facilities within the shortest period with E’s support.

B. The Defendant Company B (hereinafter “Defendant Company”) established the Defendant Company as its principal business with capital of KRW 2,00,000,000, and with respect to the manufacture of materials for medical treatment and pharmaceutical products, components of rare medicine, and manufacture, etc., the registration of incorporation was completed on October 17, 2016, and Defendant C assumed office as the representative director of the Defendant Company. The representative director of the Plaintiff Company was appointed as the joint representative director of the Defendant Company on May 30, 2018.

C. Defendant C, such as the conclusion of a joint and several surety contract, is the Defendant C’s company to his/her father-child G from November 3, 2016 to February 9, 2017, when the representative director of the Defendant C was in office.

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