주권인도 등 청구의 소
1. The defendant's shares listed in the attached list,
A. Transfer to the Plaintiff:
B. Judgment of this case to Nonparty C
1. Basic facts
A. The defendant company is a corporation established for the purpose of manufacturing and selling medical appliances, export and import business, etc., and the non-party C (hereinafter referred to as "the non-party corporation") is a local corporation of the defendant company established in India on May 25, 2009 by the defendant company, and the 1,430,265 shares (the face value 10%) were issued and accepted by the defendant company. All of them are owned by the defendant company.
B. On January 2, 2008, the Plaintiff joined the Defendant Company, entered into an overseas dispatch contract with the Defendant Company (hereinafter “instant dispatch contract”) and was appointed as the head of the Defendant Company’s Indian Corporation, and thereafter retired from office by June 30, 2015.
C. The main contents of the instant dispatch contract are as follows.
Article 5 (Restriction on Concurrent Holding of Offices during the Contract Period) (2) "B" shall not handle other products or take office in a company under competition with A for one year after the expiration of the contract period, which have been dispatched to and managed by the State or local government during the contract period, for one year.
Provided, That this shall not apply where the consent of "A" is obtained.
Article 8 (Remuneration and Expenses) (3) The term “A” shall pay 30% of the shares in India Corporation to “B” for the purpose of improving the market of “B” and raising the consciousness of the main person.
Article 10 (Termination of Contracts) Where a person violates any of the following paragraphs, "A" shall unilaterally cancel the contract and all rights (property, such as business organizations, intellectual property rights, etc.) established on the site by "B" shall automatically belong to "A" and shall not be paid allowances or remuneration.
1. When violating Articles 4 and 5 of this Agreement (based on recognition), the parties are not interested in the dispute, entry of evidence A1 through 3, and the purport of the whole pleadings.
2. The facts of the above recognition as to the cause of the claim.