(영문) 대구고등법원 2017.12.13 2017나71 | 리걸엔진

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(영문) 대구고등법원 2017.12.13 2017나71

부당이득금 등

Text

1. Of the judgment of the court of first instance, the following is the claim that the Defendant (Counterclaim Plaintiff) changed after remanding the counterclaim.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at the Plaintiff’s ordinary passenger car business, etc., and the Defendants are married couple, and each of 20,000 shares out of 572,00 shares issued by the Plaintiff is a shareholder.

B. On July 13, 2005, the Plaintiff: (a) transferred the management right to employees; (b) transferred the management right to employees; and (c) as the employee stock ownership association managing the company, the Plaintiff entered into an agreement with Defendant B on July 13, 2005 (hereinafter “instant stock transaction agreement”); (b) five directors, including the president of the labor union and the president of the employee stock ownership association, H and the executive director I, and the auditor J signed and sealed the said agreement with the employer.

The Plaintiff and Defendant B enter into the following contracts for share purchase and sale:

1. Defendant B purchases 40,00 shares of the Plaintiff.

Of the total 132,812 shares, 40,00 shares held by employees shall be purchased, and the price shall be 5,000 won per share.

The name of shares to be purchased shall be prescribed by the Defendants.

2. The above share price shall be deposited into the Plaintiff’s account on July 14, 2005. A

The transfer of the name of purchased stocks shall be completed by September 30, 2005.

(b)where shares are not transferred, if requested by Defendant B, the above shares price (200 million won) shall be immediately refunded and the interest equivalent to 20% per annum shall be paid on a daily basis;

3. The Plaintiff’s private partnership shall not transfer to a third party the shares (such as shares acquired due to the employee’s retirement) currently held and the shares to be held in the future.

In the event that Defendant B wishes to purchase this shares, Defendant B shall have the right to purchase them, but the amount per share shall be determined by the appraisal of assets and shall be the highest of 5,000 won. If the Plaintiff sells this shares to a third party, the penalty shall be the amount calculated as KRW 5,000 per share by the Plaintiff.

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