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(영문) 광주지방법원 2018.01.18 2017가합52912
손해배상(기)
Text

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. E (hereinafter “E”) is a company established on October 20, 2001 for the purpose of manufacturing and selling industrial machinery. The Plaintiff is a shareholder holding 162,00 shares of E (17.23%).

B. Defendant B is currently a representative director of E, and Defendant C is currently an auditor.

Defendant B and Defendant C are married couple, and Defendant B holds 585,800 shares of E (62.32%) and Defendant C holds 192,200 shares of E (20.44%).

C. Defendant D served as E’s auditor from October 7, 2004 to February 27, 2013.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of claim

A. Although the Defendants, as the Plaintiff’s director and auditor, have the duty of care and good faith, they are liable for damages to E in accordance with Article 399(1) of the Commercial Act and Article 414(1) of the Commercial Act, since they committed tort such as manipulating accounting books, purchasing false bonds, using double books and false documentary evidence, using the company’s funds, and concealing the company’s assets in a manner that excessively receives the purchase invoice, thereby incurring the same damages as the details of the Plaintiff’s claim’s damages amount.

Therefore, the plaintiff filed a lawsuit against the defendants for damages of this case for E under Articles 403(3) and 415 of the Commercial Act as a shareholder of E.

B. In light of the judgment, the evidence presented by the Plaintiff alone caused damage to Defendant B by committing acts in violation of the statutes or the articles of incorporation as a director of Defendant B, or neglecting his duties.

It is insufficient to recognize that Defendant C and D neglected their duties as an auditor and caused damage to E, and there is no other evidence to acknowledge otherwise.

Rather, the evidence Nos. 1 to 5 (including each number), respectively.

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