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(영문) 대전지방법원서산지원 2016.11.30 2015가단54594
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s appointment of C representative Director 1) The Plaintiff worked in the Korea Cadastral Corporation for 33 years, and was retired at age in 2009, and the name of C Co., Ltd (hereinafter “Co., Ltd.”) is omitted from the company’s trade name.

A) On March 24, 2008, the Plaintiff was a company established for the purpose of cadastral surveying business, etc. (2) around March 24, 2009, the Plaintiff received a proposal from D, the representative director of C at the time of the Plaintiff, to assign C’s office of representative director. On July 1, 2009, the Plaintiff accepted the above proposal on July 1, 2009, and drafted a written agreement (hereinafter “instant agreement”) with the following contents.

The Agreement C Investment Representative (Stockholder) B (Defendant) (Defendant) (hereinafter referred to as "A") and B (hereinafter referred to as "B") enter into an agreement, and B enter into an agreement for mutual growth under a close cooperative system, as follows:

- Contents of arrangement - A shall make every effort to assist them in carrying out all affairs in the whole of this Section and F (tentatively named) so as not to cause inconvenience to them, and B shall take charge of all affairs of the company as the legal and practical representative of both companies and shall make every effort to create profits by managing the company under the responsibility of B.

B shall establish a name F for a specialized civil engineering design company in the name of the principal and take office as the representative, and shares shall be the chairperson and 50:50.

- A shall provide assistance following the establishment of a juridical person by Eul and Eul shall be subject to the premise that Eul-owned company (C) which has been operating shall also substantially operate.

- A shall provide B with basic funds (at least 300,000 won per month of qualification allowances and business promotion expenses) to which B may act on condition that B shall be responsible for all management rights.

- The profit-making and distribution of Gap and Eul shall be distributed after the processing of all kinds of taxes and expenses (tax and expenses) as follows:

- - The following shall be adjusted to cover up to 50:50 for Company B to cover the work arising from Company B by marking C and marking F in B, directly, at the time of acceptance, and shall be adjusted to Section A.

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