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1. The Defendant’s KRW 65,500,000 to C Co., Ltd. and 5% per annum from October 31, 2013 to November 27, 2014.
Reasons
1. Basic facts
A. C is a company for passenger transport business, and the Plaintiff is a shareholder of C holding 45% of C’s total number of outstanding shares of 35,000 shares, and the Defendant is a shareholder of C holding 35,000 of C’s total number of outstanding shares, which is 45% of C’s total number of outstanding shares. From September 18, 2009 to that date, C is a representative director.
B. On July 23, 2013, the Plaintiff filed a claim for damages with C in writing against the Defendant, but C did not file a claim for damages against the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 17, the purport of the whole pleadings
2. The plaintiff asserts that the defendant, the representative director of C, caused damage to C by violating the statutes or the articles of incorporation for the following reasons, thereby claiming compensation for damage to C as a shareholder of C. A.
Around June 21, 2013, the Defendant sold D 102, 5304, Incheon, Seo-gu, Incheon, which was owned by the Defendant (hereinafter “instant apartment”) at KRW 602,00,000 (hereinafter “instant sales contract”). ① Although the instant sales contract is a Defendant’s own act, who is the representative director of C, requires approval of the board of directors, the Defendant violated the law and regulations without obtaining approval of the lawful board of directors in concluding the instant sales contract, and ② the Defendant neglected to sell the instant apartment price of KRW 557,20,000 to KRW 602,00,000, even if it was the lawful price of the instant apartment price of KRW 557,20,000 at the time of the conclusion of the instant sales contract, the instant sales contract led to the instant sales contract, thereby incurring considerable damage to C’s KRW 48,00,00 (the above KRW 602,00,57,200).
B. The Defendant receives remuneration of KRW 3,00,000 per month from C and without going through a general meeting of shareholders, etc. from June 201 to August 201, 201; KRW 3,500,000 per month; KRW 4,000,00 per month from September 201 to December 201; and KRW 4,80 per month from January 201 to June 2014.