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(영문) 대구지방법원 2019.04.24 2018나306483
가수금반환등
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff’s status and the Defendant’s articles of incorporation 1) The Defendant is a company that manufactures precision machinery, automobile parts, etc. established on August 20, 2012 (hereinafter “Defendant Company”).

(2) From August 20, 2012 to March 31, 2016, the Plaintiff served as the representative director of the Defendant Company (However, whether the registration of the resignation of the representative director is deferred is registered as of October 10, 2016.

(2) While working as the representative director of the Defendant Company, the Plaintiff received the amount of KRW 6 million per month from July 2015 to July 2016, and did not receive the benefits from January 2016 to retirement.

3) The contents of the Articles of incorporation of the Defendant Company with respect to remuneration for officers and retirement allowances are as follows: ① remuneration for officers shall be determined by the resolution of the general meeting of shareholders: Provided, That in the event of an officer who concurrently performs the duties of an employee, remuneration for the duties of an employee shall be limited to the case of other employees. ② The payment of retirement allowances for officers shall be governed by the rules for payment of retirement allowances for officers. ③ The retirement allowances under the preceding paragraph shall be above the amount provided for in the Minimum Labor Standards Act. (B) The Defendant Company: (a) on August 20, 2012, 10 million won of capital, total number of issued and outstanding shares (5,00 won per share) were owned by each of 50% (10 million shares per share).

D Around July 2013, around F, etc., transferred the above shares to F, etc. (F, G, I, and J; hereinafter the same shall apply).

2) After that, on October 22, 2013, the Defendant Company increased its capital from KRW 100 to KRW 400 million, and the total number of outstanding shares became 80,000,000, and the Plaintiff and F, etc. acquired new shares in accordance with their respective equity ratios (50%) and held 40,000 shares of the Defendant Company. 3) The Plaintiff transferred 2,800 shares out of their own shares to F, etc. around December 2, 2013. As of January 2, 2014, the Plaintiff transferred 46.5% (37,200 shares) of the Defendant Company’s shares to F, etc. as of January 2, 2014, and 53.5% (42,80 shares) of F,5,500 shares (4,400 shares) and J54% of J. 54.

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