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(영문) 서울고등법원 2015.07.02 2014나23821
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Co., Ltd. (hereinafter “C”) 1) Co., Ltd. (hereinafter “C”)

(2) On June 30, 2007, the Plaintiff and the Defendant concluded a partnership agreement with the purport of jointly operating C (hereinafter “instant partnership agreement”) to set the operating period from July 1, 2007 to December 31, 2012, and written an agreement with respect to the sharing of roles necessary for the operation of C (hereinafter “instant agreement”).

3) The Defendant accepted C’s shares 39,000 shares (50% of shares) from the Plaintiff pursuant to the instant trade agreement. On the other hand, the Defendant was appointed as C’s joint representative director and president in accordance with the instant trade agreement and the letter of agreement, and was registered as C’s director and representative director on August 22, 2007. (B) On March 25, 2011, the board of directors of C, which was held upon the Plaintiff’s convocation of the board of directors and the resolution to dismiss the president, decided to dismiss the Defendant from the office of representative director and president on August 25, 201, with the consent of two (3) directors (the Plaintiff, the Plaintiff, and D) from among three directors, on August 12, 2010, the Plaintiff brought a lawsuit against the Defendant on August 12, 2010, the Defendant’s external publishing act, etc., should waive the instant trade agreement on the ground that the amount invested in the account (title name) and title) and compensate for penalty for damages.

2) On December 15, 2010, the court of first instance (Seoul Central District Court 2010Gahap83057) rendered a judgment dismissing the Plaintiff’s claim, and the Plaintiff is dissatisfied therewith.

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