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(영문) 서울남부지방법원 2019.05.28 2016가단234184
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant company (hereinafter "the defendant company") was established around September 5, 200 and operated software program development service business, etc., and the plaintiff was a registered director of the defendant company.

B. Around March 2008, the Plaintiff entered the Defendant Company as the head of the department, and was appointed as an internal director through a resolution of the general meeting of shareholders of the Defendant Company on March 201, the Plaintiff was registered as an internal director in the certified transcript of corporate register.

As of March 28, 2017, the director of the defendant company held 172,528 shares issued by the defendant company as of March 28, 201, and held 600,00 shares issued by the defendant company, and the ratio of ownership is 28.75%.

As of March 28, 2017, the holding ratio of 139,675 shares issued by Defendant Company as of March 28, 2017, and C held 139,675 shares, and its holding ratio is 23.28%.

And, he was his father and inside director E, and the plaintiff was appointed as inside director with resignation of E.

C. On March 11, 2014, the Plaintiff was reappointed from a general meeting of shareholders of the Defendant Company as an internal director of the Defendant Company on March 11, 2014, and was re-registered as an internal director in-house director.

Article 38 (1) of the articles of incorporation of the defendant company provides that the term of office of the director shall be three years.

At the time, the defendant company was the representative director C, the executive director D, and the plaintiff, and the F, the chief of the Scientific Investigation Agency of the defendant company, was unregistered.

Around April 1, 2014, according to the evidence No. 28 and No. 29 of the representative director, the defendant company, including the representative director, has approximately 40 employees, and the representative director C of the defendant company indicated the defendant company as "CEO" as "COO".

CEO refers to the highest manager of an ordinary company, and COO means a general manager who exercises overall control over the internal business of an ordinary company.

The management support team, scientific investigation team, development1 team, development2 team, planning/marketing team, research institute, and the Scientific Investigation Headquarters managing the scientific investigation team.

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