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1. Defendant C:
A. As to KRW 399,309,070 among Plaintiff A and KRW 315,600,000 among them, from September 11, 2015 to November 9, 2017.
Reasons
Basic facts are Defendant D Co., Ltd. (hereinafter “Defendant D”), Defendant E Co., Ltd. (hereinafter “Defendant E”), whose main purpose is Do, retail business, and distribution business.
Defendant C is currently the representative director of Defendant D, who actually operated Defendant D from around 2015.
Plaintiff
A was the representative director of Defendant D from November 19, 2013 to October 24, 2015, and was the representative director of Defendant E from November 5, 2014 to October 21, 2015.
Plaintiff
B was an internal director of Defendant D from November 3, 2014 to November 5, 2014, and was Defendant E’s internal director from November 5, 2014 to December 31, 2015.
Defendant C, which entered into a performance agreement between the Plaintiffs and the Defendants, appointed Plaintiff A as the branch director of Defendant D, Plaintiff B as Defendant D’s inside director, and transferred Defendant D’s shares.
In September 2015, the Plaintiffs and Defendant C made an implementation agreement (hereinafter “instant implementation agreement”) with the purport that the Plaintiffs shall donate their shares to the new representative director of Defendant C and Defendant D, and that the Plaintiffs shall pay the borrowed money and taxes, etc. they shared in the course of operating Defendant D and E, and the main contents thereof are as follows.
1. The shareholders A and B of Defendant D agreed to make a free donation to the new representative director of Defendant C and Defendant D, simultaneously with the preparation of a written agreement on their own shares.
2. The current representative director A of defendant D shall resign from the office of representative director simultaneously with the preparation of an agreement;
5. The current representative director of Defendant D D’s current representative director, who was used by the Plaintiff A for the operation of marina until August 31, 2015, shall be repaid by Defendant C up to September 10, 2015 (e.g. 315,60,000).
6. A tax imposed on Plaintiff A and B in connection with the investigation of Pyeongtaek Tax Office shall be paid by Defendant C.
The plaintiffs have become a new representative director of defendant D and E in accordance with the above agreement.