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(영문) 서울동부지방법원 2015.07.10 2014가합10005
부당이득금
Text

1. The defendant shall have the plaintiff for a 30-day period, excluding a legal holiday, from 3 days after the date this judgment becomes final and conclusive.

Reasons

1. Basic facts

A. The Defendant is a stock company established on August 25, 2010 for the purpose of arranging domestic and overseas travel, selling domestic and overseas airline tickets, etc.

B. At the time of the establishment of the Defendant, the Plaintiff was holding 20,000 shares issued by the Defendant, and around December 201, the Plaintiff transferred 10,000 shares to East C and currently owns 10,00 shares.

C. On March 19, 2015, the Seoul Central District Court (2015 non-conforming1) appointed D, a person who will proceed with the instant lawsuit on behalf of the Defendant, as an employee of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. (1) A claim for dividend amount (1) around July 2012, the Defendant has net income for the seven-month period in the pertinent year reached KRW 383,898,806, and on August 2, 2012, the Defendant held KRW 414,83,286 as cash and deposit assets, KRW 559,389,026 as fixed deposit, and KRW 0 as debt.

(2) Therefore, the Defendant is obligated to pay 100 million won dividends to the Plaintiff according to the share ratio, as it has a distributable interest from August 201, 201 at its incorporation to the present time.

B. (1) C, on December 12, 201, was appointed as the representative director of the Defendant, and managed the Defendant together with the Plaintiff until August 2012, 201.

Since August 2012, C excluded the Plaintiff from the Defendant’s management by filing a lawsuit on the Plaintiff’s shares, and did not provide the Plaintiff with information on the Defendant’s management status, increase and decrease of property, and dividend of profits.

In addition, C withdraws 192,00,000 won of bank deposits provided as security for the defendant's International Air Transport Association and reduces the defendant's property, and does not comply with the plaintiff's request for a temporary general meeting of shareholders.

(2) Therefore, the Plaintiff’s account books listed in the separate sheet in accordance with Article 466(1) of the Commercial Act to verify the Defendant’s management status and adequacy of business affairs, and to exercise legal rights as shareholders.

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