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(영문) 수원지방법원 2020.02.06 2018나73126
정산금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant served as a joint representative director of D Co., Ltd. (hereinafter “D”) from December 18, 1993 to March 29, 2010, and the Plaintiff served as D’s internal director from March 30, 2010 to March 30, 2010.

B. Around 2010, the Plaintiff, including the instant contract, will resolve the partnership relationship with the Defendant and D, and the same year.

3. 29. The Defendant entered into a contract of transfer and acquisition (hereinafter “instant contract”) with the content that comprehensively acquires all rights and obligations, including the shares, management rights, and goodwill of D, and the specific content is as follows.

In addition, on or after March 29, 2010, the date of transfer or acquisition of the shares owned by the defendant 5,000 shares owned by the defendant 5,00 won and all rights and obligations, including the shares subject to transfer or acquisition of the management rights, management rights, and business rights, under Articles 3, 5, and 7 (4) of this Decree: Where the contract price is increased without additional placement of supervisors at the time of completion of construction, 50% of the relevant increased amount shall be paid to the transferor: Provided, That where expenses such as additional placement of supervisors are incurred, the transferee of Article 7 (5) shall pay 50% of the total amount remaining after the disposal of actual expenses to the transferor; where a business is conducted for G apartment, Y apartment, and Y apartment, 50% of the net amount shall be paid to the transferor; where the transferor is paid to the transferor 200 million won, 30 billion won of the total amount paid as retirement income from each transfer or acquisition of the resident tax; and where the transferor bears 200 billion won of retirement income from each transfer or transfer.

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