소유권이전등기말소 등
1. The defendant limited liability company C shall be the plaintiff.
(a) KRW 18,677,419 and this shall be from May 10, 201 to May 15, 2013.
1. Basic facts
A. On June 19, 2008, the Plaintiff entered into a sales contract with Defendant D to purchase 3,750 shares owned by Defendant C (hereinafter “instant shares”) at KRW 200,000,000 (hereinafter “instant share sales contract”).
B. The Plaintiff deposited KRW 30,00,000 on June 20, 200 in the Defendant D’s account under the name of E, and KRW 120,000,00 on June 23, 2008, and KRW 30,000 on June 26, 2008, respectively. The Plaintiff deposited KRW 22,50,000 on July 3, 2008 in the Plaintiff’s name, and paid KRW 202,50,000 on July 3, 2008, exceeding the purchase price stipulated under the instant share sales contract.
C. On July 24, 2009, the Plaintiff was appointed as the director and the representative director of Defendant C and was dismissed on March 30, 2010. On November 18, 2011, the Plaintiff again assumed office as the director and the representative director of Defendant C.
Defendant C’s articles of incorporation stipulate that “The management of affairs of this company shall be determined by the majority of the directors, and the representative director of the company shall be conducted,” and that “the salary for the officers of this company shall be paid by the employment contract and shall not be paid by the non-standing members.”
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 18, Eul evidence 8 (including each number), the purport of whole pleadings
2. Determination as to the Plaintiff’s claim against Defendant C
A. Plaintiff’s assertion 1) After acquiring the instant shares, the Plaintiff served as Defendant C’s director or representative director from July 29, 2008. In return, Defendant C agreed to pay KRW 300,000,000 per month’s salary, mobile phone fee, and 500,000,000 as monthly salary to the Plaintiff.
B) In accordance with the above agreement, the Plaintiff’s remuneration of KRW 96,00,000 for 32 months from July 29, 2008 to March 31, 201 (=3,000,000 x 32 months x 32 months from the following day to the date of confirmation of the instant judgment.