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(영문) 서울중앙지방법원 2015.10.06 2015가합515146
대여금
Text

1. The Defendant’s KRW 58,277,985 and its weight to the Plaintiff:

A. From August 20, 2013 to January 21, 2015, KRW 50,000.

Reasons

1. Facts of recognition;

A. The Defendant was established on May 16, 2012 as a company aimed at research and analysis on finance and economy. The Plaintiff was the Defendant’s representative director from the establishment to April 17, 2013, and was the Defendant’s joint representative director from April 17, 2013 to April 1, 2014.

Article 39 (Remuneration and Retirement Allowance for Directors) (1) The remuneration of directors shall be determined by a resolution of a general meeting of shareholders.

(2) The annual salary of the representative director may be unpaid until a special resolution of the board of directors is made.

Provided, That until the capital is transferred to KRW 3 billion, it may be acquired at par value up to 30% of the total equity for strategic partnership, etc.

(3) Other officers’ annual salary including an auditor may be unpaid until a special resolution of the board of directors is adopted.

(4) The payment of retirement allowances for directors shall be governed by the "Rules on Payment of Retirement Allowances for Executives" following a resolution of a general meeting of shareholders

(5) In cases of executives concurrently performing duties of an employee, remuneration and retirement allowances for his/her duties shall apply to other employees.

Article 59 (Recovery of Deposits) (1) The recovery of investments made by shareholders shall be made only when the legal progress (9%) is added to the investment principal when three years have not elapsed.

In such cases, the intention shall be expressed in writing or by electronic mail to the corporation six months prior to the date of notice.

Provided, That the purchase and sale shall not be made with any third party other than a corporation for the stabilization of management until three years elapse.

(2) Where three years have passed since shareholder qualification was obtained, investment money may be collected by various means.

B. Of the Defendant’s articles of incorporation, the parts relating to this case are as follows.

[Reasons for Recognition] Unsatisfy, Gap evidence 11, 12, and Eul evidence 1

2. Determination on claims, such as wages and retirement allowances

A. The articles of incorporation of the defendant asserted by the plaintiff stipulate that the representative director's annual salary shall be determined by a special resolution of the board of directors, and the defendant's board of directors shall be retroactive to the date of establishment of the defendant on April 9, 2013

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