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(영문) 의정부지방법원 2021.01.15 2019가합56623
이사해임
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on June 26, 2017 for the purpose of the comprehensive management of buildings and the real estate enforcement business.

B. The total number of shares issued by the Defendant Company is 20,000 shares, and the Plaintiff and Defendant C own 10,000 shares out of the shares of the Defendant Company (50%).

(c)

Defendant C was appointed as the representative director of Defendant C on October 16, 2017.

(d)

The plaintiff demanded a temporary general meeting of shareholders to dismiss the representative director of the defendant company as an agenda item, and accordingly, on July 4, 2019, the temporary general meeting of shareholders of the defendant company was held, but the resolution of dismissal of the director of the defendant C was rejected.

[Ground for recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff C interfered with the business of the defendant company by committing an act in violation of the following acts, statutes, or articles of incorporation as to his duties as the representative director of the defendant company, and thereby causing property damage to the defendant company, although the general meeting of shareholders of the defendant company was rejected, the defendant C should be dismissed from office as the representative director of the defendant company.

① Defendant C changed itself to the representative director of the Defendant Company, acquired 10% out of the Plaintiff’s shares under the name of D Co., Ltd. (hereinafter “D”), and did not perform all the financing business that the Defendant intended to take charge of and the business related to the officetel development project that the Defendant Company promoted.

② In order to attract nuclear power to the partnership industry, the Plaintiff participated in the business of authorization and permission that the Plaintiff had been proceeding normally.

③ Defendant C’s acquisition of business rights with E Co., Ltd., which was concluded on September 2017, also partially set the outstanding payment date of the contract, and the said acquisition of business rights was also canceled.

④ Defendant C attempted to increase the capital for an urgent amount in order to attract the Plaintiff, and the relevant City/Do was lost.

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