beta
(영문) 전주지방법원 2016.10.28 2015가합1689

가수금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a joint representative director of C Co., Ltd. (the trade name of the Defendant Co., Ltd. is distinguished from C Co., Ltd.; hereinafter “C”) established on March 12, 2013, and was in office as the representative director of the Defendant Co., Ltd. from January 14, 2014 to December 5, 2014. The Defendant Co., Ltd is a special purpose corporation established for the purpose of overall planning, construction, management, and operation of agricultural and industrial complex development projects at the Do-si, Do-si, Jeollabuk-do.

B. On September 2, 2013, the following cities entered into an agreement with the F Association (hereinafter “F Association”) and the limited company G (hereinafter “G”) on November 28, 2013 to establish a special purpose corporation that carries out the instant project with the public offering notice of private business entities for the E development project (hereinafter “instant project”), following the public offering procedure, and entered into a joint investment agreement with the F Association (hereinafter “F Association”).

C. Under the above Convention, the Defendant Company was established on January 14, 2014, and the Plaintiff was appointed as the representative director of the Defendant Company at the time of its establishment, and was dismissed on December 5, 2014.

On February 14, 2014, the defendant company, G, and Ysan City drafted a written agreement (hereinafter “instant agreement”) with respect to the progress of the project, and the contents of Articles 7, 9, and 10 of the agreement are as follows:

7. Existing personnel in the compensatory service shall be immediately removed and personnel expenses shall be settled on the basis of relevant regulations and the basis thereof.

9. In relation to provisional receipts, the FF Association shall submit accurate documentary evidence to G not later than February 23, 2014, and the final decision of the Council after confirmation by G.

10. The board of directors shall determine whether to use the leased vehicle for the representative director and the disposal of provisional payments at a mutually agreed rate.

E. On the other hand, with respect to the disbursement of royalties and compensation service costs, an agreement shall be reached after the examination by a reliable third party institution (Attorney or accountant) held on August 29, 2014 by the fourth board of directors of the defendant company held on August 29, 2014 without the Plaintiff’s submission of opinions.