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(영문) 대구지방법원 포항지원 2018.11.13 2017가단106471
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff is a shareholder of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), and the Defendant C was a representative director of the Defendant Co., Ltd.

Around December 2, 2013, the Defendant Company was ordered to be dissolved pursuant to Article 520-2(1) of the Commercial Act. On December 2, 2016, the registration of the completion of liquidation was made pursuant to Article 520-2(4) of the Commercial Act, and the Defendant C was appointed as a liquidator and a representative liquidator of the Defendant Company from December 2, 2013.

The Plaintiff asserted that Defendant C was clearly unfit to perform the duties of the representative liquidator and that there was a significant breach of duties. The Plaintiff filed an application for temporary suspension of duties against Defendant C, etc. under the Daegu District Court Branch Branch Branching 2015Kahap10021, and filed a lawsuit for removal of the representative liquidator against the Defendants, etc. under the same court 2015Kahap40864, which lost all of the lawsuit.

In the Daegu District Court distribution D distribution procedure, the creditor law firm document against the defendant company was distributed to KRW 117,904,296. The defendant company was apportioned to the remaining amount of KRW 117,562,844. The defendant company received dividends from the same court E to KRW 4,068,256. The defendant company received dividends from F of the same court amount of KRW 34,183,925.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. The plaintiff's assertion that himself is a shareholder holding 55% of the shares of the defendant company, and the liquidation obligation of the defendant company remains no longer. Thus, the defendant company is obligated to pay 85,698,263 won (=15,815,025 won (=117,562,84 won 4,068,256 won 34,183,925 won) equivalent to 55% of the total amount of 117,568,256 won received by the defendant company in the above Daegu District Court's distribution procedures D, E, and F distribution procedures (=17,562,84 won 4,068,256 won 34,183,925) as part of the remaining property.

B. (1) Determination is that a company is dissolved pursuant to Article 520-2(1) through (4) of the Commercial Act and its liquidation is terminated.

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