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(영문) 수원지방법원 안산지원 2021.02.18 2018가합5888

정산금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On October 1, 1996, the Plaintiff, Defendant C, and D3 agreed to operate the elevator repair and other facility business (hereinafter “individual business type G”) in the name of “G” and agreed to operate the elevator repair and other facility business (hereinafter “G”). Plaintiff 30%, Defendant 40%, and D30%.

Since then, Defendant D temporarily withdrawn from Dong company G in 2006, but re-satised around October 16, 2013.

2) Following the expansion of business on October 16, 2013, the Plaintiff, Defendant C, and Defendant D 3 agreed to jointly establish “Defendant B” (hereinafter “Defendant Company”) for the purpose of converting the company G into the form of a juristic person and manufacturing, wholesale retail, selling, and repairing business of elevator and related products. The Plaintiff agreed to set the ratio of shares in the Defendant Company at 30%, Defendant C40%, and Defendant D 30% (the total number of outstanding shares 10,000 shares, the number of Defendant C C’s wife, the rest 3,000 shares, and the monthly remuneration paid to Defendant D’s managing director at 30,00, Defendant C’s managing director at 201, Defendant D and Defendant D’s managing director at 30,61, Defendant C16, each of the instant company’s managing director at 30,000 and Defendant C216, each of the instant case’s managing directors at 30,160,201.

B. The articles of incorporation of the Defendant Company stipulated three years after the in-house director was appointed, and the Plaintiff and the Defendant C were reappointed on October 16, 2016. However, the temporary general meeting of shareholders of the Defendant Company, including the matters for the purpose of the dismissal of the representative director and the inside director, was held on March 21, 2017.