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(영문) 대전지방법원 2015.12.16 2014가합8305
주식양도 등
Text

1. The Defendant’s KRW 316,690,00 for the Plaintiff and KRW 5% per annum from September 6, 2013 to December 16, 2015.

Reasons

1. Basic facts

A. From November 2013, the Defendant is currently serving as the representative director of C (a stock company C was changed to D on August 1, 2013; hereinafter “C”) from around November 2013.

B. On December 28, 2011, the Defendant entered into the instant agreement with the Plaintiff regarding the business of developing and producing C’s computer programs or telecommunications-related security technology or related products (hereinafter “instant agreement”).

The project agreement between the defendant and the plaintiff (owner) (E) representative director), who is the owner of C, shall enter into the following agreements for the project in which C and the defendant are in progress:

Article 1 (Purpose of Convention and Definitions of Terms)

1. The purpose of this Convention is to manage and operate the main business carried out by the defendant by participating in the plaintiff, and the defendant is to take charge of the development of products and patents.

Article 2 (Matters concerning Scope of Management)

1. The defendant shall exercise overall control over the role of development and registration of various patents and patent applications related to the project, and over the coordination of opinions and advice among relevant persons.

In addition, matters related to the sale of products and the transfer of technology, etc. are actively cooperate in management issues.

2. The plaintiff takes office as the C representative director and takes charge of the role of management and operation.

Among the details of management and operation, funds necessary for the management and sale of the company shall also be included.

VI.(Transfer of Investment Funds and Shares in Business Agreements)

1. After the Plaintiff and the Defendant written the agreement on investment in the instant project, the Plaintiff shall pay to the Defendant, not later than March 2012, the full amount of KRW 300 million (Won 300,000,000) of the total amount of investment.

The timing and method of payment shall be determined by mutual consultation between the defendant and the plaintiff.

2. The defendant shall transfer 25% of C’s shares to the plaintiff.

In addition, the defendant and the plaintiff increase capital in KRW 100 million after the representative director was appointed.

C. From December 26, 201 to September 5, 2013, the Plaintiff is recorded in the deposit account in the name of the Defendant and in the deposit account designated by the Defendant.

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