약정금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On October 31, 2013, the Plaintiff, D, and Defendant B jointly invested KRW 10 million each, and jointly established E Co., Ltd.
At the time of establishment, 40,00 shares issued E were owned by D 3,334 shares, Plaintiff A, and Defendant B respectively.
B. At the time of the establishment of E, D was appointed as the representative director, and on November 4, 2013, D resigned from the representative director and Defendant B was appointed as the representative director, and on January 13, 2014, Defendant B resigned from the representative director and the Plaintiff was appointed as the representative director.
C. On July 1, 2014, Defendant C, who was employed as a member of E and was to contribute to KRW 10,000,000,000, as well as Plaintiff, D, and Defendant B, prepared “certificate of Non-issuance of Stock Certificates (Evidence A No. 8)” with the following contents.
1. The share transfer method shall be divided into three shares specified in the register of shareholders, and a total of 10,000 shares shall be assigned to Defendant C.
Total of 10,000 Shares
2. The share transfer shall take effect at the same time as at the time when the investment amount (10 million won) of Defendant C is completed at the time of share transfer.
3. The rights and obligations of shareholders shall be responsible for the exercise of equal rights and rights of shareholders after the completion of responsible investments.
Shareholders' Rights: Distribution of Dividends and Profit Distribution Obligations: Distribution of equal responsibilities to Borrowings and Debt Redemptions;
D. Defendant C paid a total of KRW 10 million invested on September 15, 2015, and became a shareholder of E, thereby holding 10,000 shares.
(4) The shares held by four shareholders are 10,000 shares, each of which has 25 per cent equal shares. (e)
From the date of establishment to August 2015, Plaintiff, D, and Defendant B received the same benefits, and from September 2015, four shareholders were paid the same benefits.
F. The Defendants worked in E by May 31, 2016 and retired on the following day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, 23, Eul evidence Nos. 2, 3 and 4, the purport of the whole pleadings
2. The Plaintiff’s assertion, D, and Defendants engaged in a partnership with the joint operation of E. The business.