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(영문) 서울중앙지방법원 2020.01.22 2018가단5077957
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The plaintiff's assertion 1) The plaintiff held office as a director and a representative director of the company in charge of the dispute resolution committee (hereinafter "C"), and the defendant held office as a director of the company in charge of the dispute resolution committee (hereinafter "C").

B) On August 8, 2014, the Plaintiff trusted 3,00 shares of C owned by the Plaintiff to the Defendant. In this context, the Defendant agreed that “The Plaintiff shall comply with the Plaintiff’s instructions in advance after having entered the Plaintiff in the exercise of the shareholder’s right to the shares held in title trust, and, upon the Plaintiff’s request, immediately delegate the exercise of the voting right to the Plaintiff’s temporary shareholders’ meeting held on August 7, 2015.” However, the Defendant agreed to the matter on which the Plaintiff was dismissed from the representative director in violation of the above agreement, and eventually, the Plaintiff was dismissed from the office of the representative director of C due to the Defendant’s violation of the agreement, and thus, the Plaintiff was obligated to pay the Plaintiff the amount equivalent to KRW 139,200,000 from the date of dismissal to the expiration of the term of office, which is the damage suffered by the Plaintiff, and damages for delay on the ground of the above certificate).

(B) The Defendant’s above perjury was a critical cause for the Plaintiff to lose in the relevant civil cases, and the Plaintiff was made a mistake that he/she was forced to be dismissed from the office of representative director due to his/her failure to be honorary, and was suffering from mental suffering.

Therefore, the defendant shall pay 30,000,000 won to the plaintiff as consolation money for mental damage caused by perjury.

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