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(영문) 서울중앙지방법원 2016.07.07 2015나49940
급여
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2012, the Plaintiff acquired 29,700 shares out of the shares issued by Defendant Company.

B. The shares of the Defendant Company were owned by the Plaintiff, F or Plaintiff, D, E, and F, in a way that the shares of the Defendant Company were divided into aggregate.

D and E were to promote mergers with the defendant company due to their difficulties in managing C Co., Ltd. (hereinafter referred to as “C”) that they established around 2009.

Accordingly, on February 15, 2013, the Plaintiff, D, E, and F made an agreement with the following contents (hereinafter “the first agreement”).

After the merger, an agreement related to the purchase and sale of shares of the defendant company, the general meeting of shareholders, and the composition of the board of directors is an agreement related to the purchase and sale of shares of the defendant company after the merger, and some of the liabilities of the defendant company C are normal and cumulative profits exceed 5 billion won, with capital increase by 20% if the defendant company employs the employees of the defendant company as they are, the amount of wages shall be increased by 20%. The amount of wages of the executives to be specified in detail by holding a general meeting of shareholders shall not exceed 6 million won as annual salary. The Plaintiff’s salary is set at 75%, and the Plaintiff’s salary is assigned to the affairs related to the management and disbursement of the funds, financial information, accounting information, and financial assets of the defendant company, and the amount of funds transferred by

C. However, on March 4, 2013, immediately after the first agreement of the instant case, F resigned from the office of representative director of the Defendant Company.

On February 19, 2013, the Plaintiff assumed office as an internal director of the Defendant Company, and D was the same year.

3. 12. The defendant company was appointed as the representative director.

On March 18, 2013, the following agreements were reached between the Defendant Company and the Plaintiff, D, and E (hereinafter “the second agreement”).

The defendant company will make the same project divided into C and the defendant company more uniform as the business of C and the defendant company.

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