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(영문) 서울고등법원 2013.09.06 2013나12404
손해배상
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. The F Co., Ltd. related to the parties (hereinafter “company”) is a company incorporated on November 22, 2002 for the purpose of manufacturing semiconductor circuits directly.

E is the representative director from the time of its incorporation to the date of its incorporation, and the defendant was in office as the director in charge of the financial affairs of the above company from around 2004 to May 31, 2012. The plaintiff is a person registered as the director of the division or the auditor of the above company from the time of its incorporation to the time of its incorporation.

B. Article 18 of the Company’s articles of incorporation, enacted on November 21, 2002, divided an employee into a business start-up employee’s shareholder and a general employee’s shareholder. At the time of the incorporation, the shareholder, who is a shareholder, at the time of the incorporation, bears an obligation to sell all the shares he/she acquired to the company at the price calculated by adding legal interest to the face value of the shares. A general employee, who became a member after the incorporation, establishes a resolution of the board of directors, determines the number and price of shares allocated to him/her, and imposes an obligation to sell all the shares he/she acquired to the company at the price calculated by adding legal interest to the acquisition price of the shares. 2) E, the Plaintiff, and 30 employees of the company including the Defendant, signed on April 19, 2004, jointly signed the “Agreement on the Restriction on Transfer of the shares of an employee, etc.”

The main contents of the above contract shall be subject to prior written consent of the board of directors where a shareholder of an executive or employee transfers his/her stocks, etc. to a person other than an existing shareholder. (2) In the case of retirement or resignation, all of the stocks, etc. owned by him/her at the time of retirement must be transferred to the executive or employee of the company before the date of retirement.

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