beta
(영문) 서울고등법원 2014.12.26 2014나4905

회사에 관한 소송

Text

1. Revocation of the first instance judgment.

2. On the basis of the primary claim added by the trial court, the defendant dated December 31, 201.

Reasons

1. The following facts may be acknowledged either as a dispute between the parties, or as a whole by taking account of Gap evidence 1, Gap evidence 2, Eul evidence 3-1 to 3, Gap evidence 7, Gap evidence 10, Eul evidence 11, Eul evidence 1, Eul evidence 2, Eul evidence 3-1 to 4, Eul evidence 3-5, Eul evidence 3-1 to 5, Eul evidence 1, and Eul's testimony as a whole.

1) The defendant is a stock company incorporated on December 21, 1996 with the primary purpose of chromosome and salting, and is a stock company incorporated on May 25, 1996 (hereinafter "O").

(2) The Plaintiffs were the employees of theO, and the Defendant employed part of the staff of theO including the Plaintiffs as the employees of the Defendant.

3) On the corporate register of the defendant, J is registered as the defendant's internal director on November 5, 2010, as the defendant's representative director on April 7, 201, and as the defendant's internal director on May 17, 2011. (B) The total number of the shares issued by the defendant is 60,000 shares, and the face value per share is 10,000 won, and the share certificates are not issued.

2) On June 30, 1998, 18 employees, including the plaintiffs, lent KRW 165,533,979 as operating capital to the defendant, and received total 16,544 shares as security for the above loan claims. The defendant agreed to repurchase the above shares and repay the above loan upon the retirement of the above employees. 3) Accordingly, the existing P, Qu, R, N, N, S, and Plaintiff’s shares reduced by 16,544 shares, which were held in the name of the above employees, around 199, and 18 shares increase by 16,544 shares, including the plaintiffs, were changed. Among them, the amount of loans and the details of shares borrowed by the plaintiffs are as listed below.

Plaintiff 1 B 11,494,540 1,149.5 1,149.2 C 10,596,526 1,059.7 1,059.05 3D 12,978,539 1,297. < Amended by Presidential Decree No. 20035, Jul. 1, 059; Presidential Decree No. 20212, Sep. 1, 297>