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(영문) 부산지방법원 2018.01.17 2016가합47457
주주총회 결의 무효 확인 등
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Determination as to the claim against the defendant company

A. The summary of the Plaintiff’s assertion is that the Defendant Company B (hereinafter “Defendant Company”) was entrusted with the affairs related to the purchase of land in the instant project area from the E-regional housing association that promoted the apartment housing construction project with the Busan Seo-gu D (hereinafter “instant project”) and the said regional housing association, which entered into an agency contract with the E-area housing association and the third party (hereinafter “third party construction business”). The Plaintiff, while holding office as the auditor of the Defendant Company from the time of its establishment, was directly engaged in the land purchase business.

Accordingly, on January 7, 2015, Defendant Company agreed to pay to the Plaintiff KRW 50 million in return for the performance of the above duties (hereinafter “instant contract amount”). As such, Defendant Company is obligated to pay the said contract amount to the Plaintiff.

B. We examine the judgment. The defendant company was established on July 20, 2007 for the purpose of real estate sales agency business, etc., and the term of office expires on March 31, 2016 when the plaintiff was in office as an auditor of the defendant company since its establishment; the plaintiff was in office at the defendant company; the fact that the plaintiff was in office at the defendant company and was in charge of the land purchase business within the business area of this case; the defendant C, a director of the defendant company and the representative of the defendant company, and the shareholder of the defendant C, a shareholder of the defendant company, were in charge of the purchase of the land within the business area of this case; the amount of money that may be discharged to the plaintiff around January 7, 2015; and the fact that "I would not think that I would know that I would know that I would move within the business area." It can be acknowledged as a whole in full view of the parties' evidence No. 1-1, Gap evidence No. 7, evidence No. 12, and evidence No. 2-2, testimony and arguments.

On the other hand, however, the evidence mentioned above is that the witness G's testimony and the entire purport of the pleading are revealed, i.e., the defendant company, including the plaintiff, after its establishment.

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