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(영문) 서울중앙지방법원 2019.01.24 2017가합505235
해임무효확인
Text

1. The Defendant’s KRW 23,082,936 for the Plaintiff and KRW 6% per annum from August 25, 2016 to January 24, 2019.

Reasons

1. Basic facts

A. On May 3, 2012, according to the Defendant’s wage ledger for May 2012 (No. 18-1), the Plaintiff’s membership date of the Plaintiff is May 3, 2012. From May 3, 2012 to August 9, 2016, the Defendant’s joint representative director was appointed as of August 10, 2016 under the Defendant’s corporate registry. 2) The Defendant is an individual management company established on January 25, 2007 for film production, distribution, export and import business, etc.; and C, an associate, owns 100% of the Defendant’s shares issued.

The Defendant’s trade name was changed to “Co. D” on August 10, 2016, and it was changed to the current trade name on January 9, 2017.

B. From October 15 to August 9, 2016, C served as a representative director of the Defendant’s company from October 15, 2014 to August 9, 2016, and the Plaintiff agreed to transfer the right of management to the Plaintiff and E. For this purpose, the Plaintiff’s main content is to change the name of the joint representative director (Plaintiff, E) on August 9, 2016 and the name of the Defendant to D of the “stock company” (hereinafter “Minutes of August 9, 2016”).

(2) On August 9, 2016, the following day, the Plaintiff prepared C’s seal and affixed C’s seal. (2) On August 10, 2016, the Plaintiff: (a) required three additional minutes for the use of the Defendant’s custody, for the use of notarial offices, and for the submission of the registry; and (b) recorded two copies of the minutes as of August 9, 2016; and (c) said C additionally affixed two copies of the minutes as of August 9, 2016.

C At the time of sealing on three copies of the minutes as above, the date of the minutes was already written and printed in a drum or Korean language program “09 August 2016.” After that, the Plaintiff entered “09” during the above date in a flag and entered “10” in a flag, and the remaining two copies in a flaging and flaging “08” and “09” and “10.”

3 The Plaintiff signed and sealed Part III of the minutes of August 9, 2016 by C, and all of the minutes.

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