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(영문) 대구지방법원서부지원 2019.05.30 2017가합50427
손해배상(기)
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 shareholder who holds 28% of the shares of C Co., Ltd. (hereinafter “C”) for the purpose of trade in textile machinery (hereinafter “C”), and the Defendant is the husband of D, the representative director of the said company.

B. On March 13, 2017, the Plaintiff filed a lawsuit against C on the grounds that the Defendant, who is in the actual representative director as the husband of C’s representative director D, committed an unlawful act, such as embezzlement and fabrication of private documents, against C, and accordingly, C rejected the lawsuit.

[Reasons for Recognition] Unsatisfy, Evidence A No. 1-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion is C’s representative director D’s husband, who actually operated the company.

From 2012 to 2015, the Defendant paid approximately KRW 100 million in the name of C, and there is doubt that the Defendant embezzled KRW 33 million in the corporate bank E account terminated as of November 14, 2014.

There is doubt that the defendant has embezzled the company's funds through the name of G Bank H account in the name of F, a borrowed account created to manage C's cash sales at will.

(1) Any shareholder who holds no less than 1/100 of the total issued and outstanding shares may demand that the company file an action against directors to enforce their liability.

(2) The request under paragraph (1) shall be made in writing, stating the grounds therefor.

(3) If a company fails to institute a lawsuit within thirty days after receiving the request under the preceding paragraph, the shareholder under paragraph (1) may institute an action for the company immediately.

(4) If irreparable damage may be caused to the company with the lapse of the period set forth in paragraph (3), the shareholder mentioned in paragraph (1) may immediately file such action, notwithstanding paragraph (3).

Pursuant to C, the defendant.

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