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(영문) 울산지방법원 2014.10.15 2013가합8225
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around July 1, 2002, the Plaintiff joined the Defendant Company and retired on October 31, 2007, but worked in the Defendant Company from office until October 4, 2012 after re-entry on March 1, 2008. The Defendant Company is a limited partnership company that aims at both liquor wholesale business and incidental business.

B. C is the substantial representative director of the Defendant Company at around 2001, who has acquired the Defendant Company at KRW 1,500,000, or

On March 11, 2002, D, his spouse, was registered as representative director.

E acquired from the above C 10% of the above C’s shares in KRW 750,00,000, and became a representative member of the Defendant Company as of June 22, 2008.

C. On October 4, 2012, the Plaintiff joined the F Company on October 5, 2012 after withdrawal from the Defendant Company, and served in the H Company located in Ulsan-gu G.

【Ground of recognition】 The fact that there has been no dispute, Gap No. 1, 3, 4, Eul No. 13-1, the purport of the whole pleadings

2. The parties' assertion

A. At the time of July 2008, the Plaintiff agreed to pay monthly salary and sales expenses from the Defendant Company and transfer 10% shares of the Defendant Company (C5%, E5%) to the Defendant Company on the condition that the Plaintiff would vest in the amount equivalent to KRW 1 billion in cash and the profits from the business partners secured by the Plaintiff’s investment in the amount of KRW 1 billion in cash and labor to the Defendant Company. However, from August 2008 to June 2009, the Defendant Company paid only wages of KRW 5 million, KRW 4.7 million per month from July 2009 to June 2009. From around October 4, 2012, the Plaintiff unilaterally dismissed the Plaintiff who worked for business purposes.

Therefore, the defendant company is obligated to pay to the plaintiff 10% of the net income of the defendant company, and as part of which the plaintiff seeks 150,000,000 won.

B. Business management, such as free lending of business partners and facilities, alleged by the Plaintiff, is the Defendant Company.

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