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(영문) 부산고등법원 2017.05.10 2016나50436
퇴직금 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The defendant company related to the shareholders of the defendant company was established on October 8, 1962 for the purpose of the brokerage wholesale and processing business of fishery products, and the company reorganization procedure of the Seoul District Court was commenced on June 23, 2001.

C and G acquired the defendant company by acquiring the shares of the defendant company after being appointed as a director of the Seoul District Court on January 29, 2002. The company reorganization procedure for the defendant company was completed on February 27, 2002.

C and G acquired the Defendant Company in 2003, and the total number of shares issued by the Defendant Company became 306,375 shares.

The shareholders of the Defendant Company from early 2004 are C (105,000 shares), G, and four other (150,000 shares) O Co., Ltd. 30,000, G 42,00 shares, P 48,000 shares, Q 15,00 shares, Q 15,00 shares, and R 15,00 shares;

F(15,000), Plaintiff (30,000) and other minority shareholders were I, J, K, L, M, etc.

On June 30, 2004, the auditor N, directors G, and auditors and directors of the defendant company were appointed as the representative director of the defendant company, and H was appointed as the representative director of the defendant company. At the end of 2004, only four shareholders of the defendant company, including C (111,375 shares), H (150,000 shares), F (15,000 shares), and the plaintiff (30,000 shares) were appointed as the shareholders of the defendant company.

In 2006, H transferred 27,000 shares to C and again transferred 123,00 shares to C in 2014.

In addition, as of the end of 2014, the Plaintiff transferred 30,000 shares of the Defendant Company to C’s children in 2014, the shares of the Defendant Company are owned by both C, C, C’s wife F and C’s children.

On August 1, 2002, the establishment C, G, etc. of D Co., Ltd. established D Co., Ltd. for the purpose of fisheries and distant water fisheries (hereinafter referred to as “D”) and operated D Co., Ltd. mainly.

D as of the end of 2014, 40,000 shares issued by C(14,00 shares), F(5,000 shares) and S(20,00 shares) respectively.

The plaintiff was employed as a non-registered executive officer and vice-president from D to July 1, 2006, and from July 1, 2006.

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