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(영문) 서울서부지방법원 2015.04.23 2012가합30427
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a company with the objective of producing sound records and video works, acting as an artist and entertainment business, etc.

C was the representative director of the Plaintiff from February 8, 200 to February 13, 2012.

Meanwhile, the minutes of the board of directors meeting held on February 8, 2012 for the convocation of the Plaintiff’s temporary shareholders’ meeting, the minutes of the interim shareholders’ meeting held on February 9, 2012 that appointed D and E as the Plaintiff’s director, and the minutes of the board of directors held on February 9, 2012 that D were appointed as the Plaintiff’s representative director, respectively, and D was registered as the Plaintiff’s representative director from February 9, 2012 to February 21, 2012 based on each of the above minutes.

C has been re-registered as the representative director of the plaintiff since February 21, 2012.

The defendant is a company aimed at providing Internet information.

F is a de facto operator of the defendant, and D is the father of F as the representative director of the defendant from November 14, 2008.

Plaintiff

In addition, F and C, such as the agreement entered into between C and the Defendant, around the end of 2008, issued the Plaintiff’s convertible bonds by raising funds outside the country and converting this convertible bonds into capital. After acquiring G, listed companies, the Plaintiff was decided to list the Plaintiff on the KOSDAQ by way of selling the Plaintiff to G.

In the process, the following documents were prepared between the plaintiff, C and the defendant:

On January 2, 2009, the Plaintiff borrowed KRW 190,00,00 from the Defendant on November 11, 2008, and KRW 137,777,777 of the same year, and KRW 24,137,777 of the same year, and KRW 1,137,7777 of January 2, 2009, and the Plaintiff’s corporate seal impression, after consultation with the Defendant, shall be subject to all acts of disposal, and the Defendant may produce and use the Plaintiff’s employee seal impression at will. The Plaintiff’s corporate seal card shall be subject to the Defendant’s sole custody/use/ daily disposal. (No. 1-1).

C 'C' from the defendant on the same day on November 11, 2008.

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