logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.10.17 2017가단208700
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant is a person who served as the Plaintiff’s intra-company director by November 29, 2013.

B. On November 29, 2013, C, the representative director of the Plaintiff, entered into a contract for acquisition of shares and management rights (hereinafter “instant contract”) with the Defendant with the following content.

1. As of the date of the conclusion of this contract, the Defendant has all the Plaintiff’s shares and management rights.

2. C intends to acquire part of the Plaintiff’s shares and the right of management from the Defendant, and the Defendant intends to transfer to C the right of management for shares subject to sale and the Plaintiff.

Article 1 (Limit to Acquisition by Transfer of Stocks and Management Rights)

1. In accordance with the terms and conditions set out in this Agreement, the Defendant transfers to C 21,00 shares of registered ordinary shares of 30,000 shares issued by the Plaintiff with the Plaintiff’s right of management, and C shall take over them.

Article 2 (Amount of Price for Acquisition by Transfer and Payment thereof)

1. The acquisition price shall be ten thousand won in total;

2.With respect to the payment of the acquisition price as referred to in the preceding one, C shall be deemed to have terminated this Agreement by making the full payment immediately after the conclusion of this Agreement.

C. C and the Defendant drafted annexed agreements with the following contents on the same day.

C and the defendant agree that acquisition by transfer of shares and management rights with respect to the plaintiff entered into on November 29, 2013 also belong to the contract and agree as follows:

Article 3 Handling of the largest shareholder's provisional payments

1. The plaintiff shall keep a normal account and record of the provisional payment that the plaintiff would pay to the defendant when the defendant held office as the largest shareholder and manager.

2. As to the provisional payment under Paragraph 1 of the preceding year that the Defendant borrowed from the Plaintiff, the Plaintiff shall delay repayment from the Defendant for at least three years to the maximum of five years. Accordingly, the Plaintiff’s accounting performance shall be revised to the long-term loan, and the appropriation for bad debts shall not be established. Accordingly, the Defendant shall pay 9,000 shares issued by the Plaintiff owned by the Defendant as of the date of this agreement.

arrow