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(영문) 서울중앙지방법원 2015.08.12 2014가단184852
급여
Text

1. The Defendant’s KRW 60 million and KRW 56.25 million among the Plaintiff’s KRW 60 million and KRW 375 million from September 19, 2014.

Reasons

1. Basic facts

A. C (hereinafter “C”) is a company established on November 26, 2009 by D and E for the purpose of engaging in the manufacture and sale business of a cash coefficient, and the Defendant Company is a company established by F for the purpose of engaging in the manufacture and sale business of a coefficient on March 23, 2012.

B. Around June 2012, the Plaintiff invested KRW 300 million in the Defendant Company and acquired 29,700 shares of the Defendant Company.

The plaintiffs, D, E, and F agreed to discuss sufficient discussions with each other, and to proceed with the composition of the shares trading, shareholders' meeting, and board of directors of the defendant company as follows:

1. The Plaintiff shall transfer 17% of the F’s shares to a person who is willing to purchase.

2. All shareholders shall agree to the capital increase with consideration for the capital increase and the amount of capital increase with consideration shall be KRW 100 million; and

3. The composition of the board of directors, amendments to the articles of incorporation, and the salaries of directors of the defendant company shall be held at a general meeting of shareholders to determine the contents thereof, and the

The affairs related to the management and disbursement of funds shall be excluded from the affairs of the representative director, and the plaintiff shall have the authority and responsibility.

The plaintiff and the F shall accept and transfer the current financial information, accounting information, and all the financial assets of the company and those necessary to operate them.

4. The salary of an executive shall not exceed 60 million won as his annual salary, and the Plaintiff’s salary shall be 40 million won which is 75% of the other executive officers.

C. On February 15, 2013, the Plaintiff, D, E, and F agreed to merge with the Defendant Company on February 15, 2013 due to the difficulties in managing C due to the financial difficulties, and written the following agreements (hereinafter “instant first agreement”). D.

On March 4, 2013, F has resigned from office as the representative director of the Defendant Company, and D has taken office as the representative director of the Defendant Company on March 12, 2013, and on March 18, 2013, the Plaintiff, D, and E have written an agreement (hereinafter “instant second agreement”) with the following contents.

Agreements

1. D and E are separate from C and Defendant Company without the Plaintiff’s prior consent.

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