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(영문) 수원지방법원 안양지원 2017.01.12 2015가합100919

주식양도 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 23, 2008, when the Defendant was working as a director and a representative director of C Co., Ltd. (hereinafter “instant company”), he retired from a director and a representative director on November 23, 2008, and on March 5, 2009, he was appointed as a director and a representative director, and on January 4, 2010, the Defendant retired from the representative director.

B. Around June 2006, the Plaintiff joined D Co., Ltd. operated by the Defendant, and was on November 24, 2006, and was in office as a director or a representative director. After the instant company acquired the said company and succeeded to employment, the Plaintiff was appointed as an internal director of the instant company on March 5, 2009. On January 4, 2010, the Plaintiff was dismissed from office as a representative director and the representative director on August 21, 2014.

C. On August 29, 2014, the Defendant is currently in office as the representative director of the instant company.

On the other hand, the total number of shares issued by the company of this case is 20,000 shares.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence No. 1 and purport of the whole pleadings

2. The parties' assertion

A. On August 31, 2009, the Plaintiff asserted that “the Plaintiff had assumed office as the representative director of the instant company from 2010 to manage the instant company. The Plaintiff’s management right is guaranteed for at least five years, and the Defendant transferred 34% of the shares of the instant company to the Plaintiff when the Plaintiff was fully managing the company. When the Defendant, a major shareholder, seeks to obtain a new management right, the Plaintiff agreed to compensate twice the average share price for the two years prior to the pertinent year (hereinafter “instant agreement”). On December 31, 2009, the Plaintiff entered into an agreement with the Defendant to adjust the contents of the agreement with the Defendant, and operated the instant agreement under the instant agreement by increasing the sales amount and net profit of the company by taking office as the representative director of the instant company on January 4, 2010. The Defendant unilaterally operated the instant agreement.