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(영문) 울산지방법원 2017.06.21 2016가합2389
유권해석 및 손해배상
Text

1. Of the instant lawsuit, the part of the claim in KRW 173,828 is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

Basic Facts

The Defendant (hereinafter “Defendant Company”) is a company running the taxi passenger vehicle transportation business in Ulsan-gu, Ulsan-gu, that is, the Plaintiff is a taxi engineer on May 3, 2014 and retired from the Defendant Company on June 16, 2015.

Defendant Company is a member company whose shares are owned by employees of so-called company as a taxi engineer who can work as a taxi engineer only as delegated by the Defendant Company’s “owner of shares” or “owner of shares.”

The Plaintiff paid KRW 37,848,00 to D’s representative director of the Defendant Company in order to acquire the shares of the Defendant Company on the premise that the Plaintiff would work for the Defendant Company, and was punished on the ground that the occurrence of a traffic accident occurred five times from May 22, 2014 to May 22, 2015.

On October 23, 2015, the Plaintiff sought the return of the money paid to the Defendant Company to acquire the shares of the Defendant Company, and filed a lawsuit against the Ulsan District Court 2015dan25678, Ulsan District Court’s claim, such as the transfer money. On August 8, 2016, the said court rendered a ruling of recommending a compromise (hereinafter “instant ruling of recommending a compromise”) as follows, and the said ruling of recommending a compromise became final and conclusive around that time.

1. The Defendant shall pay 38,500,000 won to the Plaintiff until September 30, 2016. However, where the Defendant fails to pay the above amount by the payment date, the Defendant shall pay the unpaid amount plus the amount of delayed damages calculated at 15% per annum from the day following the payment date to the day of full payment.

2. At the same time, the Plaintiff received the money as stated in paragraph (1) from the Defendant, and at the same time transferred the transfer value to the person designated by the Defendant or the Defendant, with 37,000,000 won, and transferred 217 shares of the Defendant’s shares owned by the Plaintiff, and

3. The plaintiff waives the remaining claims.

4. The costs of lawsuit shall be borne by each person;

On November 30, 2016, Defendant Company is obligated to pay the price set forth in the decision of recommending reconciliation of this case.

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