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(영문) 부산지방법원 2018.10.17 2018나42771
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the parties to the allegation emphasized or added by this court are the reasons for the judgment of the court of first instance, except when written or added as follows; and (b) the same shall be cited by the main sentence of Article 420 of the

2. Part 5 to 7 of the judgment of the court of first instance which is written or added shall be as follows:

The plaintiff's representative D's failure to notify the shareholders' general meeting and the convocation of the board of directors to the plaintiff who is a shareholder and director constitutes a tort against the plaintiff's voting right. The defendant primarily asserts that the plaintiff is liable for compensating the plaintiff for damages of KRW 50 million and mental damages of KRW 50 million pursuant to Articles 389 (3) and 210 of the Commercial Act, in accordance with Articles 750 of the Civil Act.

According to the above facts, the appointment of auditors is subject to resolution of the general meeting of shareholders, and the borrowing of funds is subject to resolution of the board of directors. The representative director D of the defendant, when appointing G from the general meeting of shareholders held on March 31, 2014 to new auditors, he did not give legitimate notice of convening a regular general meeting of shareholders prior to the holding of the above general meeting of shareholders, and when deciding to borrow funds in a regular meeting of shareholders held on several occasions from April 2 to April 7, 2014, the general meeting of shareholders and the board of directors convened lawfully by failing to give legitimate notice of convening a notice of convening a general meeting of shareholders and the board of directors before the holding of the above regular meeting of shareholders and the board of directors violates the plaintiff's voting rights to exercise voting rights to the appointment of auditors and the loan agenda.

Therefore, barring special circumstances, the Defendant is liable to compensate the Plaintiff for damages under Articles 389(3) and 210 of the Commercial Act.

With regard to the scope of damages.

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