(영문) 서울중앙지방법원 2016.01.22 2015가합506036

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(영문) 서울중앙지방법원 2016.01.22 2015가합506036

손해배상 청구 등

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Defendant C Co., Ltd. shall pay to the Plaintiff (Counterclaim Defendant) KRW 440,00,00 and KRW 146,66,666 among them.

Reasons

Basic Facts

Defendant B is a corporation that operates a plant engineering business (Evidence 2) and Defendant C (formerly changed: Company D) is a corporation that operates a business, such as pollution prevention equipment manufacturing business (Evidence 3), and the Plaintiff is a person who is the founder of Defendant B and the representative director.

(A) On February 25, 2011, the Plaintiff, including a stock and management acquisition agreement between the Plaintiff and the Defendant C, established the Defendant B and was appointed as the representative director of the Defendant B on the same day.

(A) On December 29, 201, the Plaintiff and Defendant C entered into a contract for acquisition of shares and management rights to transfer 80,000 shares and management rights to Defendant C, out of 100,00 shares issued by Defendant B (100%) owned by the Plaintiff, to Defendant C for KRW 1,078,851,559.

(A) The Plaintiff and Defendant C entered into a separate agreement on the same day other than the acquisition of shares and management rights as of the same day, and the contents relating to the instant case are as follows:

(A) evidence 7. (hereinafter the above agreement shall be referred to as the "agreement of this case").

2.2 Representative Director Gap (referring to the plaintiff) shall work for the company (referring to defendant B) at least three years from the date of the completion of transaction, and shall exercise the authority and responsibility as representative director of the company;

On the other hand, the parties have to appoint the directors designated by Eul (the defendant C) as the respective representative directors of the company.

Each representative director of a company shall represent the company as the representative director, and perform his/her duties in good faith for the common interest of the company A, B, and the company.

3. A shall require a company to pay as special bonus the amount calculated by equally dividing the amount of gold billion won (440,000,000 won) within three months from the end of each fiscal year from the fiscal year of 2012 to the fiscal year of 2014, the scale and timing of payment of bonus to A shall be paid as bonus.

3.2 Remaining.

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