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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant Company operates a golf course as a company with the purpose of running golf course business and related business management consulting and technical guidance. Of 10,000 shares issued by Defendant Company, 5,100 shares of 10,000 shares are owned by Defendant Company D (hereinafter “D”), and the remaining 4,90 shares are owned by the Plaintiff.
B. On March 13, 2008, Defendant B was appointed as an internal director and a representative director of the Defendant Company. Defendant A, on August 25, 2003, was presumed to be the president at a temporary general meeting of shareholders of the Defendant Company, and actually managed the Defendant Company as a non-registered officer, and was appointed as an internal director of the Defendant Company on August 28, 2013. Defendant A’s son was appointed as an internal director on March 13, 2008, and was retired from office on March 2013.
C. On July 29, 2013, the Plaintiff: (a) committed an illegal act by F, Defendant A, E, or G’s private use of the Defendant Company’s property; (b) provided improper support to the Defendant Company; (c) but, in so doing, the Defendant Company’s directors violated their duty of care by aiding and abetting and aiding and abetting the Defendant Company’s directors, and thus, (d) demanded that the temporary shareholders’ meeting should be convened as an agenda; (b) accordingly, (c) on September 6, 2013, the Defendant Company’s temporary shareholders’ meeting was held, but all of the proposals for removal of directors were rejected.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-2, 2, 9-3, 4, Eul evidence 8, the purport of the whole pleadings
2. The plaintiff's assertion
A. From 2008 to 2012, Defendant B was the internal director and representative director of the Defendant Company, and ① Defendant A, E, and G (hereinafter “Defendant A, etc.”) paid remunerations to the Defendant Company even though they did not participate in the performance of the business of the Defendant Company or were full-time in the Defendant Company, and accumulated the retirement pay or out-of-the-counter payment. Defendant A, etc. paid out of the call equipment, welfare expenses, fuel expenses, entertainment expenses, vehicle maintenance expenses, communication expenses, and stock company.