(영문) 제주지방법원 2014.11.28 2013가단14179

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(영문) 제주지방법원 2014.11.28 2013가단14179

급여 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From 2004 to September 2010, the Plaintiff served as the representative director of C (previous Mutual Co., Ltd. D) from September 6, 201 and retired on April 1, 201, and the Defendant served as the representative director of C from September 6, 2010.

B. On July 12, 2010, the Plaintiff, the Defendant, and E transferred 22% of the shares owned by the Plaintiff and E to the Defendant. The Defendant agreed to invest KRW 340,000,000 in C and the representative director was entrusted one year, and then converted into a joint representative director with the Plaintiff on September 13, 2010, and drafted a written agreement with the Plaintiff.

(hereinafter “First Agreement” and “First Agreement”). 1. 31,200 shares of total shares are owned by the Defendant, 1,734 shares, E, 173 shares, and 1733 shares by the Plaintiff.

(2) The defendant shall invest 340 million won in C, and shall be borne by the company for interest.

(3) The defendant shall pay the agreed benefits to the plaintiff and E, except in extenuating circumstances.

The period of payment of benefits shall be the period during which the plaintiff and E hold shares.

(4) A contract concluded on September 1, 2010 (agreement) shall become void.

C. Since then, the Plaintiff asserted that he lent KRW 515,398,250, which was from January 2, 2008 to September 28, 2010, while the Plaintiff was working as the representative director of C, against Jeju District Court 2012Gahap40, and filed a lawsuit seeking payment of KRW 230,467,50, which was deducted from KRW 283,128,00, which was repaid.

On October 5, 2012 between the Plaintiff and C in the lawsuit above, mediation was concluded between the Plaintiff and C, stating that “C shall pay to the Plaintiff KRW 125 million each month from October 2012 to December 2012, KRW 500,000 each month, and KRW 10 million each month from January 2013 to November 2013.”

On December 18, 2012, the Plaintiff, C, and the Defendant entered into an agreement with the following terms and conditions:

(hereinafter referred to as “the second agreement” or “the second agreement”). The second agreement.

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