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(영문) 대전고등법원 2019.05.22 2018나11181
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The Plaintiff’s September 19, 2018 and September 20, 2018, respectively.

Reasons

1. From March 10, 1997 to March 5, 2010, the term of office of 3.10 to March 10, 2010; the representative director from March 9 to December 15, 2013; from March 13, 1994 to May 16, 2003 to February 18, 2008, Defendant B’s auditor from March 20, 2009 to June 3, 20, 201 to June 3, 20, 201 to June 3, 20, 201 to June 3, 20, 201 to June 3, 20, 201 to June 3, 20, 201 to Defendant C’s directors from March 3, 201 to March 3, 201 to March 31, 2016 to March 31, 2016.

The Plaintiff is a shareholder who holds 3,000 shares of T in total 300,000 shares (1%). U, V and the Defendants are those who served as the representative director, director, or auditor as specified in the following table:

B. On December 7, 2016, the Plaintiff sent a notice to the Defendant B and C of T’s auditor by content-certified mail seeking to file a lawsuit to enforce the Defendants’ liability, including the following two paragraphs, pursuant to Articles 403(1), 403(2), and 415 of the Commercial Act. The said notice reached Defendant B and C around that time.

C. Although T has received the aforementioned claim from the Plaintiff, it did not file a lawsuit against the Defendants within 30 days. D.

The Plaintiff filed the instant lawsuit seeking direct compensation for damages against the Defendants on the ground that T did not bring a lawsuit within 30 days, even though the Plaintiff filed a claim against Defendant B and C pursuant to the above provisions of the Commercial Act.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 8, 11 (including virtual numbers), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

(a) The former representative director of T;

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