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(영문) 대전고등법원 (청주) 2018.11.20 2016나12060
회사에 관한 소송
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay 838,139,700 won to the non-party B corporation and this.

Reasons

1. Basic facts

A. 1) B is an unlisted corporation established for the purpose of high molecular additives, stabilization of treatment of industrial wastes, and manufacture and sale of receptors and other chemical drugs. 2) The Plaintiff is a shareholder holding 431,600 shares of B as of December 31, 2014 (17.22%) among the total issued shares of B as of December 31, 2014.

3) The Defendant is a shareholder who as of December 31, 2014, held 502,666 shares (20.06%) out of the total number of shares issued in B as of December 31, 201, and held B as the representative director from March 31, 200 to March 6, 2008, and from March 7, 2008 to August 20, 2018. (b) The Defendant held B’s total number of shares issued in B as of March 4, 060,00 shares, and C as the representative director from March 31, 200 to March 6, 2008.

C, while holding office as the representative director, has lent the 706,000,000 won from B without the resolution of the board of directors.

2) The board of directors of B, on February 19, 2008, dismissed C from office as the representative director on the ground of the above act of misappropriation, and C resigned from office on March 10, 2008. 3) The Defendant was appointed as the representative director of B in accordance with the resolution of the board of directors of March 7, 2008.

C. 1) B’s acquisition of B’s shares and acquisition of C’s provisional payment obligation, etc. to compensate for damages arising from C’s breach of trust as seen above, the foregoing B’s shares held by C (hereinafter “instant shares”) are 1,298,000 shares, in order to compensate for damages arising from C’s breach of trust.

711,219,260 won as to the claim amount against C appears to be the amount equivalent to the existing provisional payment debt of C 706,000,000 won as well as the damages for delay up to that point. The claim for provisional seizure of shares was filed with the Cheongju District Court on April 16, 2008, and was decided on the provisional seizure by the above court on April 16, 2008 (Cheongju District Court 2008Kahap182, hereinafter the above provisional seizure was referred to as the “instant provisional seizure”).

(2) The defendant on June 5, 2008).

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