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(영문) 부산고등법원 2019.09.25 2019나50291
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. 1) E Co., Ltd. (hereinafter “E”)

(2) The Plaintiff is an internal director from September 19, 201 to December 15, 201, and the Plaintiff holds shares equivalent to 50% of the total number of shares issued E (40,000 shares) as of December 15, 201.

3) As of December 15, 2016, the Defendant holds shares equivalent to 31% of the total number of issued and outstanding shares of E, D holds shares equivalent to 14% of the total number of issued and outstanding shares of E, and C holds shares equivalent to 5% of the total number of issued and outstanding shares of E, respectively. 4) Company K Co., Ltd. (hereinafter “K”) is a company established on September 28, 2012 and engages in the business of manufacturing sports supplies, etc., and the Plaintiff is serving as a inside director from January 16, 2014 to the date.

B. Article 1 (Purpose) of the E Shareholder Agreement, including the preparation of a written agreement between the Plaintiff, the Defendant, D, and C, is to prevent disputes between the future shareholders and to clarify the transfer of E or stocks to the future in order to prevent the dispute between the future shareholders on the basis of the current asset status and the performance of the E, and to clearly define the transfer of E or stocks to the future.

Article 2 (Status of Stockholders and Shares) The E’s shares at the time of the preparation of the instant agreement are held as Plaintiff 50%, Defendant 31%, D 14%, and C5% shares.

The shareholders of Article 7 (Compensation for Loss Caused by Other Acts, such as the Sale of Company Business and Management Right) shall not raise a civil or criminal objection against the remaining shareholders or E in relation to the operation of E prior to the date of preparation of the instant agreement.

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