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1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 2,09,860,009 and the amount of the Plaintiff’s repayment from December 2, 2015.
Reasons
1. Basic facts
A. The Plaintiff is the owner of 1/3 shares (hereinafter “Plaintiff shares”) out of the Gangnam-gu Seoul Metropolitan Government Category C (hereinafter “instant land”). The Defendant is the owner of 2/3 shares out of the instant land, and the Defendant owns the instant land and D, E, F, and G-ground buildings (15 floors in steel framed concrete structure) and operates tourist hotel business.
B. The network H and the Plaintiff were married with each other, and under which I, J, K, and L were placed.
After its establishment on January 8, 1986, the defendant returned to the deceased H, the plaintiff and their children, and is in charge of the representative director and directors, and actually operated as a family company. In particular, the plaintiff has been in charge of the defendant's practical management since 2000 as the deceased H's health has deteriorated. The details of the plaintiff's participation as the executive officer are as follows in the corporate register.
Directors from November 30, 1992 to November 30, 1995 (Resignation), directors from March 31, 1996 to August 23, 2005 (Resignation), directors from September 3, 1999 to May 30, 2000, the representative director holding concurrent office from August 23, 2005 to November 13, 2008 (Resignation) auditors from September 13, 2008 to September 30, 201, the representative director holding concurrent office from September 30, 201 to September 30, 201 (Resignation) of the representative director holding concurrent office from September 30, 201 to September 30, 201.
C. The Defendant’s 17 balance sheet (based on July 31, 2002) contains “285,479,670 won” as the items of the lease deposit, and the details thereof include “10,000,000 won” as the land lease guarantee amount for the Plaintiff’s share.
In addition, the Defendant’s 18 balance sheet (based on June 30, 2003) states “285,679,670 won” as the items of the leased deposit, and state “10,000,000 won” as the leased deposit for the Plaintiff, as in the 25 balance sheet (based on June 30, 2010).
The total number of shares issued by the defendant as of June 30, 2009 was 40,000, and the plaintiff among them was 12,000 shares (30%) and net.