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(영문) 광주지방법원목포지원 2014.12.18 2013가합10142
손해배상(기)
Text

1. The Defendant’s KRW 184,430,318 for the Plaintiff and KRW 5% per annum from July 16, 2014 to December 18, 2014 for the Plaintiff.

Reasons

1. Basic facts

A. C and the defendant invested 10,000,000 won on June 3, 2005 for the purpose of cleaning industrial equipment, cleaning of industrial equipment, etc., and established the plaintiff, and accepted 10,000 shares issued, each of which was 5,000 shares, and operated the plaintiff jointly from around that time. However, the plaintiff's registry was registered as C's wife D and the defendant's Form E as co-representative.

B. On April 10, 2009, the defendant transferred all of 5,000 shares of the plaintiff to C (this is that C became one shareholder of the plaintiff), and C, on June 23, 2009, listed F, which was known in the ordinary world on behalf of D, as the internal director with the plaintiff's power of representation.

C. After that, on September 25, 2009, C transferred 10,000 Plaintiff’s shares to F. On the same day F transferred 5,000 shares to the Defendant, and C resigned from the Plaintiff’s internal director while taking office as an auditor, and the Defendant was appointed as an internal director.

In addition, F transferred to the Defendant the remainder of 5,000 shares remaining in its name on March 22, 2010, and the Plaintiff’s register of shareholders was registered as the Defendant’s ownership of all shares.

However, C filed a lawsuit to confirm the shareholder status of “F’s transfer contract with F was merely a title trust and subsequently concluded between F and the Defendant, and thus, the share acquisition agreement between F and the Defendant is null and void, and accordingly, C filed a lawsuit to confirm the shareholder status of the Plaintiff’s 10,000 shares with the Defendant (C) and filed an application for a provisional disposition to suspend the performance of duties of internal directors against the Defendant. Upon acceptance of the said application, D was appointed as its acting director and its registration was completed on October 26, 2012, and the lawsuit to confirm the shareholder status was declared in favor of the Plaintiff (C) at the first instance court (Seoul District Court Decision 2012Gahap107, Gwangju High Court Decision 2012Na5192) and the appellate court (Seoul High Court Decision 2012Na5192).

E. On the other hand, around August 5, 2009, the Plaintiff sold high-tension washing machine, the sole profit-making asset of the Plaintiff, to the Eastern Development Co., Ltd.

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