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(영문) 수원지방법원안산지원 2015.06.05 2014가단106953
가지급금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff Company is a company established and operated as one in fact by C, which runs the manufacturing business of electrical and electronic parts and wholesale and retail business.

B. C is the husband of D, the representative director of the Plaintiff Company, and the defendant's birth.

C. C was killed on February 11, 2010 by E, etc.

On March 23, 2010, the Defendant assumed office as an internal director of the Plaintiff Company.

E. D filed an application for provisional disposition against the Defendant, etc., including the representative director, director, and the suspension of the execution of duties by proxy director, director, and auditor, under the Suwon District Court’s Ansan Branch Branch 2010Kahap61, and on May 28, 2010, the court rendered a provisional disposition order to suspend the Defendant’s performance of duties as the Plaintiff

F. The Defendant was appointed as the representative director of the Plaintiff Company on May 31, 2010.

G. D filed a lawsuit against the Plaintiff Company to confirm the invalidity of the resolution of the general meeting of shareholders and the board of directors as the Suwon District Court’s Ansan Branch 2010 Ga2500. On May 12, 2011, the court rendered a judgment to the effect that the resolution of the general meeting of shareholders as of March 23, 2010 by the Plaintiff Company that appointed the Defendant as a director should be non-existent and that the resolution of the general meeting of shareholders by the board of directors of the Plaintiff Company that appointed the Defendant as the representative director is invalid.

On November 11, 2011, the court dismissed the appeal of the Plaintiff Company in the appellate court (Seoul High Court 201Na41873) (Seoul High Court 201Na41873).

H. D was appointed as an internal director of the Plaintiff Company on April 1, 2012, and on May 16, 2013, he/she was appointed as the representative director.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 4, 6, 7 (including each number), and the purport of the whole pleading

2. Determination on the cause of the claim

A. The key point of the parties’ assertion is 645,00,000 as the provisional payment to the Defendant from February 11, 2010, when the Plaintiff Company was deceased, until December 31, 2010, when the Defendant was working as the representative director of the Plaintiff Company.

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