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(영문) 대구지방법원김천지원 2015.08.21 2015가합15187
손해배상(기)
Text

1. The Defendant: (a) KRW 291,50,00 for Plaintiff A; (b) KRW 225,250,00 for Plaintiff B; and (c) KRW 92,750,00 for Plaintiff C; and (d) each of the above.

Reasons

1. Indication of claim;

A. On February 2, 2008, Plaintiff A acquired 40,000 shares of Defendant F owned jointly with E in proportion to the shares indicated below.

Name shares A 16,148 shares B 40.46 shares B 4,216 shares 10.54% E 15,600 shares G 39.00 shares G 4,000 shares 10.00 shares

B. Around February 2008, Plaintiff A was appointed as the Defendant’s representative director and managed the Defendant. However, due to the management dispute with E, Plaintiff A entered into an agreement on acquisition of shares that entirely transfers the Defendant’s shares owned by Plaintiff A and B to E. On February 201, 201, Plaintiff A resigned from the Defendant’s internal director and representative director.

C. Although E-type H was appointed as the Defendant’s representative director and operated the Defendant, E did not pay the Plaintiff the share price under the said share acquisition agreement, the said share acquisition agreement was rescinded.

After that, although Plaintiff A requested H to convene a temporary general meeting for the appointment of internal directors, H rejected it, Plaintiff A received a decision to permit the convocation of a temporary general meeting of shareholders (Seoul High Court 2012Ra48) and held a temporary general meeting of shareholders on June 27, 2013 at the old US Chamber of Commerce and Industry (Seoul High Court 201Ra48).

The plaintiffs were appointed as directors of each defendant in the above provisional shareholders' meeting, and the plaintiff A was appointed as the representative director of the defendant in the provisional shareholders' meeting held on the same day.

E. The defendant completed the registration of change of the executive officer that the plaintiffs were appointed as the above internal director and the representative director, but H mobilized the guard company and obstructed the plaintiffs' attendance at work.

F. Of that, E and H conspired to dismiss the Plaintiffs from the Defendant’s inside director, and falsely prepare the minutes of the temporary general meeting on July 17, 2013 with the content that appointed E and H as the Defendant’s inside director, and completed the registration of change of officer with the same content as the Defendant’s representative director.

G. E prepares falsely the minutes of the extraordinary shareholders’ meeting and the extraordinary board of directors on July 17, 2013.

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