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(영문) 창원지방법원 2015.11.13 2015가단78515
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 25, 2013, the Plaintiff Company held the 12th regular shareholders’ meeting (hereinafter “instant general shareholders’ meeting”). The Defendant was appointed as the representative director, C, D, E, etc., respectively.

B. F, G (hereinafter “creditors”), a shareholder of the Plaintiff Company, filed an application with the Defendant, C, D, and E (hereinafter “debtors”), with the Changwon District Court Decision 2013Kahap139, for the suspension of the performance of duties of the representative director and for the provisional disposition of appointment of acting representative director. On June 14, 2013, the said court rendered a decision that “The Defendant’s representative director shall suspend the performance of duties as the Plaintiff’s representative director by the time the judgment on the merits of the case, such as nullification of the resolution of the general meeting of shareholders between the Plaintiff and the obligee, and that “the representative director shall be appointed, and the litigation cost shall be borne by the obligor” on August 23, 2013.

After the above decision, it became final and conclusive around November 2014 through appeal, reappeal, etc.

C. According to the foregoing decision, the Plaintiff paid KRW 45,066,670,00 to H as remuneration from June 14, 2013 to July 31, 2014.

On the other hand, on September 17, 2014, the court decided to replace an acting representative as an attorney-I and pay the remuneration of the acting representative in advance to the obligees in the execution cost prepaid.

[Supplementary High Court (Capwon) 2014Ra57] E.

In the appellate trial of the case, including nullification of the resolution of the general meeting of shareholders filed against the plaintiff, the court held on November 13, 2014 that "the part concerning the appointment of executive officers, such as the resolution to appoint the defendant as the representative director, among the resolution of the general meeting of shareholders of this case, shall be revoked, and the part arising between F and G, and the plaintiff shall be borne by the plaintiff among the total costs of the lawsuit, and the part arising from the defendant's participation in the lawsuit shall be borne by the defendant."

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