The defendant shall pay to the plaintiff (appointed party) A KRW 150,000,000 and shall pay the full payment from January 25, 2014.

Basic Facts

E on April 26, 2004, purchased all the shares issued by Plaintiff A (Appointed Party) Co., Ltd. (hereinafter the Plaintiff Company) in the name of wife B, and the Defendant, who was close to E, was appointed as the representative director of the Plaintiff Company on April 21, 2005.

Upon the occurrence of a dispute over the management rights of the Plaintiff Company between E and the Defendant, the Defendant held a general meeting of shareholders of the Plaintiff Company on April 2005 or around 5, 2005, asserting that he purchased all the shares issued by the Plaintiff Company from E and the Plaintiff, and elected the Defendant as a director or auditor. On June 11, 2007, E did not dispute that the shares were sold to the Defendant. On June 15, 2007, E held a general meeting of shareholders on June 15, 2007, and resolved to dismiss the Defendant’s employees from the director or auditor and to appoint the appointed director D as the representative director by holding the same date.

Then, E issued new shares according to the resolution of the board of directors on June 17, 2007 of the Plaintiff Company and accepted new shares in the name of the Plaintiff B on June 19, 2007.

Accordingly, the defendant filed an application against the appointed party D to suspend the execution of his duties, etc. provisional disposition against the plaintiff B and the plaintiff company, and filed an application to suspend the effect of provisional disposition against the plaintiff company on November 20, 2007 (Seoul Central District Court Decision 2007Kahap2417), "The appointed party D shall not perform the duties of the representative director and the director of the plaintiff company until the judgment on the principal lawsuit becomes final and conclusive" (Seoul Central District Court Decision 2007Kahap2417), "the plaintiff company shall not exercise the shareholder's right until the judgment on the principal lawsuit becomes final and conclusive," and "the plaintiff company shall not allow the plaintiff B to exercise the above shareholder's right (the same court 2007Kahap2418), "the effect of the resolution on the dismissal and appointment of the director of June 15, 2007 until the judgment on the principal lawsuit becomes final and conclusive" (the same court 2007Kahap24199).