logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.11.25 2014나22445
손해배상
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by the respective entries in Gap evidence 1, 3, and Eul evidence 1 to 5 (including the branch numbers, if not specially indicated; hereinafter the same shall apply) and the purport of the whole pleadings, and there is no counter-proof.

The plaintiff company is a corporation established on March 18, 2003 for the purpose of manufacturing building equipment, industrial pipeline rupture, etc.

From December 2005, the statement of changes in stocks, etc. (Evidence A No. 20), etc. states that C, 8,000 shares of 40,00 shares issued from around 40,00 shares (60%) of C, F,8,00 shares (20%) of C, and F,8,00 shares (20%) of C, are owned by the Defendant respectively.

C From the time of the incorporation of the Plaintiff Company, the Defendant, from around 2006 to around October 19, 2006, was a person who was appointed as the director of each Plaintiff Company, from around October 19, 2010 to around October 14, 2010, from October 19, 2010 to December 14, 2010, the Defendant, from December 14, 2010 to January 2015, and from January 2015, G were serving as the representative director of the Plaintiff Company, respectively.

B. Around October 8, 2010, the former agreement that held 40% of the shares of the Plaintiff Company as the representative director of the Plaintiff Company, and the Defendant held 20% of the shares of the Plaintiff Company, concluded an agreement that “the Defendant shall manage the Plaintiff Company by taking office as the representative director of the Plaintiff Company, and transfer 40% of the shares of D, which the Defendant held, to C” for the normalization of management of the Plaintiff Company (hereinafter “previous agreement”). Accordingly, C shall be dismissed from office as the representative director of the Plaintiff Company on October 19, 2010, and the Defendant appointed as the representative director of the Plaintiff Company.

The defendant, who is a shareholder, C and shareholder, shall agree to normalize the management of the plaintiff company as follows:

1.In accordance with this Agreement, the distribution of shares of the Company shall be amended as follows:

A Shares: D Shares currently and without any change: C 40%, Defendant 40%, and other 20%

2.The chief executive officer shall change the organization as follows:

C. The Chairperson

arrow