1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is a person working for the head office and auditor of corporation D (hereinafter referred to as the “Nonindicted Company”) as the head office of German company “C” (hereinafter referred to as “C”)’s general sales agency of the Republic of Korea. The Defendant is a person working for the representative director of the said company.

both the plaintiff and the defendant are shareholders of the company.

B. On August 25, 2014, the Defendant proposed that, once the German head office intends to terminate an agency contract and to establish a branch office in Korea, the Defendant would settle the transfer price according to the outcome by negotiating with the German head office as the representative if the shares held by the shareholders of the non-party company are transferred en bloc to the Defendant at par value (5,000 won per share).

Some shareholders prepared a share transfer contract under the above contents with the Plaintiff, but the Plaintiff first demanded an external audit in order to compute the value of assets of the non-party company.

On October 24, 2014, the Defendant notified the convening of a temporary general meeting of shareholders (on November 7, 2014, 10:00 am) to dismiss the Defendant from office as an auditor, and notified the Defendant to dismiss the Defendant as the chief director on October 28, 2014.

The above agenda was rejected, and the defendant made a request for remedy against unfair dismissal to the Labor Relations Commission against the notice of dismissal.

Germany's head office must change the company's trade name by having it operate business directly with entering Korea.

Upon the change of trade name, the German head office made a price assessment of the tangible assets of the non-party company (such as office fixtures, parts, and supporting equipment), and made compensation for intangible assets (such as employees' experience and documents, business performance for 15 years, list, etc.).

If the non-party company opens a general meeting of shareholders and presents the amount of compensation to the German head office, the German head office shall conduct its own evaluation and determine the compensation.