(영문) 서울남부지방법원 2015.12.16 2014가단229911

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(영문) 서울남부지방법원 2015.12.16 2014가단229911

명의개서 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 2012, the Plaintiff agreed with C, D, and E, including the following:

(1) In the future, D, E, and Plaintiff will alternately leave the office of representative director of Defendant Company to two years.

(2) The shares of the Company shall be transferred to the Company to be owned by D, E, and the Plaintiff 17 per cent, and the remaining 49 per cent shall be distributed for compensation to its employees.

(3) If a person becomes unable to engage in a company among the plaintiffs, C, D, or E, the remaining persons who have worked for the company shall be paid the amount of at least five million won per month for at least five years to the person or his/her family, and the amount of five million won per month thereafter shall be paid.

B. According to the instant agreement, on January 1, 2013, the Plaintiff resigned from office as the representative director of the Defendant Company, and at the same time D was appointed as the representative director. On January 2, 2015, D resigned from office as the representative director and E was appointed as the representative director.

C. At the time of the instant agreement, the Plaintiff owned shares equivalent to 64% of the total shares of the Defendant Company 600,000, but around February 2013, the Plaintiff transferred 84,000 shares (hereinafter “instant shares”) equivalent to 14% of the Defendant Company’s total shares to D pursuant to the instant agreement, and completed the transfer of ownership to D. Since August 19, 2013, D paid to the Plaintiff a total of KRW 14 million from August 19, 2013 to March 31, 2014.

(2) The Plaintiff acquired shares equivalent to 33% of the total shares of the Defendant Company from the Defendant Company to the employees of the Defendant Company, and the transfer of ownership was completed, and D received shares equivalent to 3% of the total shares of the Defendant Company from E, thereby holding 17% of the total shares of the Defendant Company.

On the other hand, on September 2, 2014, Defendant Company held a temporary general meeting of shareholders and passed a resolution to dismiss the Plaintiff as an internal director.

(e) D 102,00 shares, including the shares of this case, to E on December 31, 2014.

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