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(영문) 대구지방법원김천지원 2016.06.17 2015가합15323
부당이득금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 320,370,448 and KRW 11,569,558 among them, Defendant B shall be from May 1, 2012, and KRW 308,80.

Reasons

1. Basic facts

A. The Plaintiff’s right of management dispute is a company running a route passenger transport business in the old-si area, and there was a dispute over the issue of exercising the Plaintiff’s right of management after acquiring the Plaintiff’s shares around 2008.

B. Defendant C was appointed as the representative director on August 18, 2009, after Defendant C was appointed as the Plaintiff’s director on January 6, 201. As of February 22, 2012, Defendant C was only the Plaintiff’s director as of February 22, 2012. Defendant C resigned resigned from the inside director and the representative director on February 22, 2012, and Defendant C was appointed as the inside director at the temporary general shareholders’ meeting as of February 22, 2012, and Defendant B, C, etc. (hereinafter collectively stated the Defendants only), etc. filed an application for a provisional disposition suspending the performance of duties (this Court Decision 2012Kahap99) against Defendant B, C, etc. (hereinafter referred to as the “instant Defendants”), and the decision was rendered on June 28, 2012 to revoke the said provisional shareholders’ meeting as of February 21, 2012.

3) Pursuant to the court’s decision (Tgu High Court Decision 2012Ra48), E convened a temporary general meeting of shareholders on June 27, 2013 and appointed it as an internal director, and the board of directors convened on the same day was appointed as the representative director. 4) Defendant B and C sent a notice of convening a temporary general meeting of shareholders on June 26, 2013 and the next day to E on July 17, 2013; and E, as the representative director of the Plaintiff, convened the board of directors on July 1, 2013 to withdraw the convocation of the temporary general meeting of shareholders on July 17, 2013, and notified the Defendant B thereof.

However, on July 17, 2013, Defendant B held a temporary general meeting of shareholders and board of directors to dismiss Defendant B from the inside director, and appointed Defendant B as the representative director, Defendant C and D as the inside director.

5 E.

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