logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원군산지원 2015.06.11 2014가합11361
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a shareholder who holds 13,680 shares of C, a company established on May 13, 201, among 38,000 registered shares, and the Defendant is a representative director of C and an intra-company director on December 20, 2012 and completed registration on December 21, 2012.

B. On March 20, 2013, when the Defendant was registered as the representative director C, D Co., Ltd. was established, and the Defendant assumed office as D’s inside director and E’s auditor.

C. At the time of establishment of D, C filed a patent application for the invention described below (hereinafter collectively referred to as “instant patent”). A around April 2013, the applicant changed the instant patent to D with respect to the instant patent, and the patent registration was completed with respect to D as the patentee on the following registration date:

The name of the invention shall be registered in F GH I on February 26, 2014 on February 7, 2014 on the date of registration of the date of the application for the name of the invention and the date of registration of the application for the name of the invention, JK L LM on February 7, 2014 on August 11, 2014, JR SV V on August 11, 2014.

Meanwhile, as a patent transfer contract between D and OP on July 30, 2013 entered into between D and OP with the transfer proceeds of the patent of this case at KRW 204,308,575, the transfer registration of the patent of this case was completed on July 30, 2013 at the next registration date.

E. In addition, on July 30, 2013 between C and C, a contract was concluded for the transfer of goods between C and C, which would transfer the computer, spacin and spacin to Ock for 81,00,000 won.

[Ground of recognition] Facts without dispute, Gap 1 through 3, and 6 through 13 (including paper numbers; hereinafter the same shall apply), witness Y's testimony and the purport of the whole pleadings

2. In order to dispose of and transfer the patent right of this case, which is an important asset of the plaintiff C, the defendant violated the duty of preference as representative director by transferring the patent right of this case to O P through D without the resolution of the board of directors.

Due to the above defendant's violation of the duty of care C.

arrow