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(영문) 수원지방법원안산지원 2015.11.19 2014가합4627
손해배상
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is the manufacturing business of vehicle parts, light lamps, light lamps, light lamps, etc., and the Defendant is a company that aims at wholesale and retail business of electronic equipment.

The defendant changed the name of the corporation from Co., Ltd in 2007 through D Co., Ltd in 2011 to its trade name as of 2012.

B. As the network E, the Plaintiff’s founder, died on February 11, 2010, the F, which was the vice president of the Plaintiff, was appointed as the Plaintiff’s internal director on March 23, 2010 by the resolution of the general meeting of shareholders.

Around March 2010, the Dong E’s wife attached the passbook in the name of the Plaintiff, and applied for a provisional injunction against F et al. on May 28, 2010 by ordering F et al. to suspend the performance of duties. However, F was appointed as the representative director by a resolution of the board of directors on May 31, 2010, G filed a lawsuit seeking confirmation of the absence of the resolution of the general meeting of shareholders and confirmation of invalidity of the resolution of the board of directors, and G filed a lawsuit for confirmation of the absence of the resolution of the above general meeting of shareholders and the resolution of the board of directors on May 12, 201, and the above judgment became final and conclusive on December 9, 2011.

C. Around February 2011, F: (a) transferred, at the Plaintiff Company, approximately 54,935,316 won of the goods owned by the Plaintiff to the Defendant’s factory located in Namdong-gu Incheon Metropolitan City H, and used them at will.

‘The crime was prosecuted on January 11, 2013 and was sentenced to a suspended sentence of two years for 6 months in prison from the Suwon District Court's Ansan Branch (No. 2012 Highest 2130). The above judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, Gap evidence 2 and 3

2. The Plaintiff’s assertion and judgment are the cause of the instant claim. Around February 2011, F agreed with the Defendant to continue the business under the name of the Defendant, and changed the Defendant’s trade name to D, similar to the Plaintiff’s trade name, and thereafter, the Plaintiff stored and concealed finished products, subsidiary materials, intellectual property rights, etc. in the Plaintiff Company, and stored and concealed them in the Defendant Factory.

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