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(영문) 부산지방법원 2017.09.14 2017가단10660
채무금
Text

1. The defendant's KRW 5,00,000 for each of the plaintiffs and 5% per annum from October 10, 2003 to November 16, 2005 for each of them.

Reasons

1. Facts of recognition;

(1) On December 30, 2012, the Plaintiffs assumed office as a director of D Co., Ltd. (hereinafter “Non-Party Company”) on December 30, 2012. Nonparty Company was established with the investment made by the owners of Non-Party E and Non-Party E and Non-Party F shop owners on the 85 parcel of land and its ground. The Defendant was the owner of F shop.

B. F commercial building’s total number of stores is 2,672, and 583 among them was preserved and registered in the name of Korea-Japan Island Co., Ltd. (hereinafter “Korea-Japan”); however, the Defendant, etc., a sectional owner, filed an application for permission to convene a temporary shareholders’ meeting with the Busan District Court on September 9, 2003 and received a decision to grant permission from the above court on September 22, 2003 and notified the sectional owners of F commercial building that he would hold a temporary shareholders’ meeting on October 10, 2003, and did not give notice of convening a temporary shareholders’ meeting to Korea-Japan, a sectional owner, while notifying the owners of F commercial building that he would hold a temporary shareholders’ meeting on September 22, 2003.

Article 2(1) of the Civil Act provides that “The temporary shareholders’ meeting of the non-party company (hereinafter “the temporary shareholders’ meeting of this case”) was held on October 10, 2003.” The minutes of the shareholders’ meeting include G and the resolution to dismiss the plaintiffs and appoint the defendant as directors. The newly appointed directors held the board of directors on October 16, 2003 and elected the defendant as a new representative director.

x. The plaintiff A filed a lawsuit against the non-party A by Busan District Court Decision 2003Gahap23079 to seek the cancellation of the provisional shares resolution of this case. On August 18, 2004, the above court rendered a judgment in favor of the above court to confirm the cancellation of the provisional shares and the invalidity of the above resolution of the board of directors on the ground that the above provisional shares fall short of the quorum, and the judgment became final and conclusive.

(v) the Plaintiffs, by intentionally omitting the notification of convening the temporary week against the Defendant, shall constitute a quorum by holding the instant temporary week.

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