Text
1. The plaintiff (Counterclaim defendant)'s primary principal claim against the defendant C whose exchange had been changed in this court.
Reasons
1. Basic facts
A. On June 11, 2003, the Plaintiff, G, and I drafted a basic agreement on the effect that “The 15% equity ratio has the position of the president of the representative director, that G of 45% equity ratio has the position of the vice president, and that the Plaintiff of 40% equity ratio has the position of the director, and that the Plaintiff of 40% equity ratio establishes the Defendant Company with the initial capital of KRW 100 million.” Based on this, the Plaintiff, G, etc. established the Defendant Company for the purpose of developing and selling software on June 17, 2003.
At the time, the Plaintiff was allocated 8,000 shares (40%) out of the total number of shares issued by Defendant Company 20,000, on condition that the Plaintiff provided technical support.
(B) The above basic agreement contains a provision that “the ownership/sale/business rights of all patent and products related to 3D renring after the incorporation of a corporation shall belong to a corporation.”
From June 2003, the Defendant Company established, the Plaintiff served as a director of the Defendant Company from July 4, 2005 to July 4, 2005, and unlike the contents of the Framework Agreement, G served as the representative director of the Defendant Company until September 1, 2009.
G was appointed as the representative director of the defendant company due to the personal reasons of I.
Meanwhile, Defendant C was appointed as a director of the Defendant Company on February 23, 2005, and from September 1, 2009 to September 1, 2009, Defendant C was the representative director of the Defendant Company.
C. After the incorporation of the Defendant Company, the total number of shares issued by the Defendant Company was 114,960 shares on November 22, 2005 due to the increase in the capital of the Defendant Company. Since around August 2009, G was 50,480 shares in the above 114,960 shares, G was 50 shares in the above 114,960 shares in the company and H were 26,650 shares in total; Defendant C owned 18,550 shares in the company; the Plaintiff owned 15,920 shares in the company (hereinafter “instant shares”); and J owned 3,360 shares in the company.
Defendant C, a representative director of the Defendant Company, has embezzled at least 335,000 won from November 2006 to July 2009, or has paid at least 335,000 won to G’s specially related persons, thereby incurring monetary damage to the Defendant Company.