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(영문) 서울고등법원 2019.07.11 2018나2065003
손해배상(기)
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 6, 201, the Plaintiff is a stock company established for the purpose of gas sales business and gas-using facility sales business on October 6, 201. C owned 5,000 shares of the Plaintiff’s total of 10,000 shares (50%) (However, title trust was held against D.

3) G Co., Ltd. (hereinafter “G”) is a corporation established on October 8, 1997 for the purpose of manufacturing and selling general high-pressure gas, and selling various gas equipment and equipment.

From October 1, 2012 to September 26, 2017, the defendant served as the representative director of G.

B. On August 10, 2016, the conclusion of the partnership business contract and the appointment of the representative director of the plaintiff 1) the defendant and D (actual shareholders C), E, and F entered into an joint business agreement with the defendant on August 10, 2016 that "the defendant transferred G gas containers and customers to the plaintiff, and the defendant transfer 2,500 shares (25%) from among the plaintiff's shares held in D's name to the defendant, and the defendant is appointed as joint representative director D and the defendant as of August 16, 2016. Accordingly, on August 16, 2016, the defendant entered into the joint business agreement with D and the defendant as well as the defendant's joint representative director. The agreement under Article 1 (Opening) of the Agreement was prepared under mutual consultation and agreement with the contents of the joint business of the plaintiff, and all of the following matters were executed under good faith between the plaintiff's total amount of wages and the defendant's total amount of wages as of September 16, 2016.

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