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(영문) 광주지방법원 2016.05.13 2015가합3077
손해배상(기)
Text

1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.

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

Reasons

1. The following facts of basic facts may be found either in dispute between the parties or in the entries in Gap evidence 1, 28, Eul evidence 2, 3 (including each number), together with the purport of the whole pleadings:

(1) The status of the parties (1) E Co., Ltd. (hereinafter “instant company”) is a company established for the purpose of manufacturing and selling industrial machinery. The Plaintiff is a shareholder holding 162,000 shares (17.23%) out of 940,000 shares issued by the instant company.

(2) At the time of the instant lawsuit, there was Defendant B and auditor C as executive officers of the instant company.

Defendant B served as the representative director of the instant company from October 7, 2004 to February 27, 2007 as well as as from October 20, 201 as a director, representative director, and internal director of the instant company from October 20, 201. Defendant C served as an auditor from July 5, 2003 to October 7, 2004 and until February 27, 2013.

Meanwhile, Defendant D served as an auditor of the instant company from October 7, 2004 to February 27, 2013.

B. In accordance with the criminal complaint (No. 70180 of 2014, No. 8191 of 2015 of 2015), the representative director of the instant company and the auditor’s illegal act of the instant company, for which the filing of the suit was filed, prove the considerable amount of suspicion.

Therefore, I would like to request a lawsuit concerning compensation for damages and removal of directors due to illegal facts against the representative director and auditor of the company of this case.

On March 26, 2015, the Plaintiff sent a content-certified mail to Defendant B, a director of the instant company, claiming the institution of the suit as indicated below (hereinafter “instant lawsuit”).

C. The Plaintiff’s representative director who filed a complaint against Defendant B and C filed a complaint against Defendant B with Defendant B and C on charges of fraud, attempted fraud, occupational embezzlement, occupational breach of trust, fabrication of private documents, and uttering of falsified documents by the Gwangju District Public Prosecutor’s Office in 2015. On June 30, 2015, the prosecutor issued a disposition against the said Defendants as having no suspicion (Evidence of Evidence).

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