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1. All principal lawsuit and counterclaim of this case shall be dismissed.
2. Of the costs of lawsuit, the parts arising from the principal lawsuit.
Reasons
1. Basic facts
A. The status C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) is a company established for the purpose of trade business, etc.
The Plaintiff, as a shareholder holding 50% of the total number of shares issued by Nonparty Company, was employed as an internal director of Nonparty Company from March 10, 201. The Defendant, as a shareholder holding 50% of the total number of shares issued by Nonparty Company, served as a representative director and an internal director from March 10, 201 as a shareholder holding 50% of the total number of shares issued by Nonparty Company.
B. Nonparty Company E (hereinafter “E”) was withdrawn from the account held in the name of Nonparty Company to KRW 100 million on August 18, 2010, KRW 100 million on November 5, 2010, and KRW 10 million on November 9, 2010, and the Defendant was working as the representative director since its establishment.
(2) The Defendant received 10 million won in the year 201 and 80 million won in the year 2012, respectively, as an executive salary from the non-party company.
C. On February 13, 2017, the Plaintiff asserted that “Around February 13, 2017, the Defendant transferred the funds of the non-party company to E, and received money in the name of an officer’s salary from the non-party company without the resolution of the articles of incorporation or the general meeting of shareholders, thereby causing damage to the non-party company.” A written claim was filed against the Defendant, who is the representative director of the non-party company, against the non-party company, to enforce liability for damages against the Defendant. On February 15, 2017, the Defendant filed the instant lawsuit pursuant to Article 403(3) of the Commercial Act. (2) On June 13, 2017, the Defendant made the non-party company enter into a technology development advisory contract with the Plaintiff’s East F and made the non-party company pay KRW 203,070,000 to the non-party company under the name of advisory fee, and claimed damages equivalent to the same amount against the non-party company.”