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(영문) 서울북부지방법원 2016.01.13 2014가합25249
주식회사 이사해임 청구의 소
Text

1. Of the lawsuit in this case, the part requesting the dismissal of the representative director shall be dismissed.

2. The plaintiff's remainder against the defendants.

Reasons

1. Basic facts

A. The Plaintiff is a shareholder and auditor who owns 4,000 shares among 10,000 shares issued by Defendant B Co., Ltd. (hereinafter “Defendant Company”) established on May 17, 2007 for the purpose of manufacturing, selling, and exporting and importing textile products. Defendant C is the largest shareholder who holds 6,00 shares of Defendant Company and the representative director (in the corporate registry, the company director is registered).

B. Around October 2014, the Plaintiff asserted that Defendant C had committed an unlawful act (Embezzlement and breach of trust) and demanded the dismissal of Defendant C and the continuation of convening an extraordinary general meeting of shareholders for the appointment of a new representative director. On October 16, 2014, the Plaintiff’s temporary general meeting of shareholders of Defendant C, which was held on October 10, 2014, was dismissed.

C. The Plaintiff filed the instant lawsuit on October 24, 2014, and applied for a provisional disposition of suspending the performance of duties and appointing an acting director by Defendant C, Seoul Northern District Court 2014Kahap20193, but the decision was rendered to dismiss the said provisional disposition on May 28, 2015.

The plaintiff is currently under investigation after filing a complaint with the defendant C for embezzlement and occupational breach of trust.

(Seoul Northern District Prosecutor's Office 2015 punishment No. 24303). Defendant C filed a complaint on behalf of the Defendant Company for the embezzlement, etc. of Defendant Company's funds on behalf of the Defendant Company on December 2014. However, on July 30, 2015, there was a decision that there was no suspicion on the ground of insufficient evidence.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 7, 30, 31, Eul evidence No. 7-1, 2, Eul evidence No. 41, and the purport of the whole pleadings

2. The Plaintiff’s assertion that Defendant C is working as the representative director of the Defendant Company, and as if her husband D and Dong E were employed from around 2008 to September 201, 201, deposited KRW 268 million per month with each account under the name of D and E, and used it for private use (hereinafter “claim related to the payment of funeral benefits”).

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