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(영문) 대구지방법원 2018.02.09 2017가합205244

퇴직금 청구

Text

1. The Defendant’s KRW 329,345,890 for the Plaintiff and KRW 5% per annum from September 20, 2017 to February 9, 2018.

Reasons

1. Basic facts

A. The defendant is a company established in February 2002 for the purpose of the real estate sale and lease business, and the plaintiff works as a director and an internal director from the time of establishment of the defendant company.

July 31, 2015.

B. The current status of the Defendant’s shareholders (1) states that the Plaintiff’s shareholder registry held 95% (4,750 shares) among the total number of 5,000 shares issued by the Defendant, and the Plaintiff’s Plaintiff’s shareholder registry (hereinafter “the deceased”) holding 5% (250 shares).

(2) On October 10, 2007, the Deceased is the de facto shareholder of the said shares under title trust with the Deceased or the Plaintiff’s 95% shares, and the donee D and Skkka Co., Ltd. among the entire shares.

In this text, to the public interest foundation to be established in the future, a testamentary document in which each 20% of them will testamentary donee E, F, and the Plaintiff will testamentary gift each by 10%, and died on February 6, 2012.

(3) On May 7, 2012, D’s executor D’s will confirmed that the Plaintiff and the Defendant’s shareholder rights were against the donee, and filed a lawsuit against the Plaintiff seeking implementation of transfer procedure as the Daegu District Court Decision 2012Ga23099. The above judgment of the appellate court (Tgu District Court 2013Na1123) transferred 4,750 shares owned by the Plaintiff at will in the Plaintiff’s future, but it was recognized that the deceased allowed such appearance in consideration of blood relationship and prepared a testamentary deed prior to the death of the deceased, and the Defendant’s shares were transferred to the donee according to the percentage stated in the will. The above judgment was dismissed by the Supreme Court and became final and conclusive on February 23, 2015.

(c) A provisional shareholders meeting shall be held at the 12th office of the head office of the Jung-gu Seoul Metropolitan City, Daegu on December 28, 201, as a copy of the staff of the General Assembly of the State that enacted the regulations on the preparation of minutes of a provisional shareholders meeting and the payment of retirement allowances for officers.

The number of total number of shares 5,000 shareholders shall be 2.2 shareholders.