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(영문) 서울북부지방법원 2017.09.21 2017가합21965
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On July 2002, Non-Party Company D (hereinafter “Non-Party Company”) established a limited liability company C at the port of China (hereinafter “C”) and owned all the shares of C Corporation.

B. Around July 14, 2008, the non-party company that transferred all shares and management rights of the C Corporation owned by it to the Defendant.

C. Around January 20, 2009, Nonparty Company drafted a letter of undertaking that “A shall recognize the following factual relations and be held legally liable for the exercise of management rights, etc. of C Corporation arbitrarily without prior consultation, etc. with the Defendant in the course of performing its duties (Evidence A 3; hereinafter “instant letter of undertaking”).

- - Sound

1. The non-party company acquired the management right and the share of 100% in the C corporation after acquiring the management right, but exercised the management right at will without prior consultation with the defendant until August 2008. Among them, the non-party company did not pay the non-party company the wages of the non-party company's representative director and the non-party company and the non-party company's six presiding officers, but without any consultation with the defendant, paid the non-party company's wages of April 19, 2008 to July 19, 2008 to the amount of 729,320.61 Chinese People's Abolition (RB) (Korean Won Won Won,04,259 won at the time of applying the exchange rate at that time). The non-party company's request for payment of bonuses to the C corporation and all of the non-party company's executive directors were paid with the non-party company's wages of 109,004,259 won at that time of application of the foreign exchange rate, and all the defendant's 308.28.

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