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(영문) 서울동부지방법원 2020.02.18 2018가단127249
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff (hereinafter “Plaintiff Company”) is a company established for the purpose of architectural design business, interior fishery business, etc., and I is the joint representative director of J and the Plaintiff Company.

B. Defendant B (hereinafter “Defendant Company”) is a company established for the purpose of building design and related service business on December 27, 2017, and Defendant C, D, E, F, G, and H (hereinafter “Defendant, etc.”) are currently serving as an executive or employee in the Defendant Company.

C. On October 2017, K retired from office at the Plaintiff Company, and on the end of December 27, 2017, he/she was appointed as the representative director after establishing the Defendant Company. Defendant C, D, and E also intended to resign from office to the Defendant Company by retiring the Plaintiff Company. During that process, I also proposed that he/she would arrange the Plaintiff Company’s shares and move to the Defendant Company.

After that, Defendant F, G, and H decided to incorporate the Defendant Company.

Defendant C, D, K, E, F, and G agreed with I on February 8, 2018 (hereinafter “instant agreement”). At the end of the consultation several times with I, the following agreement was reached (hereinafter “instant agreement”).

The executives and employees of the plaintiff in the present agreement shall arrange 50% of the shares of the plaintiff (excluding 50% of the shares of the J president) as follows, and all officers and employees of the plaintiff company shall be dismissed from employment as a new corporation (defendant company):

- - The following:

1. To grasp the assets of the plaintiff's whole assets at an early date and dispose of cash and ongoing services within three months, and real estate, etc.;

Provided, That in the case of real estate, if the consultation with the J president is delayed, the date shall be adjusted again.

2. Assets shall be arranged with cash assets, financial liabilities, I’s investment funds, external expenses, real estate, office fixtures, etc. among total assets, the balance except for the I’s president’s investment funds, external expenses, and financial liabilities shall be divided into equity, and the employee’s equity (50%) shall be transferred to the Defendant Company.

3. The following officers and employees of the I President or below (seven members) shall be equal shares and be members of the Defendant Company and shall be mutual trust and trust.

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