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(영문) 부산고등법원 2017.01.26 2016나1632
출자지분반환 등
Text

1. The plaintiff's appeal against the defendant B and the appeal against the defendant limited partnership company added at the trial.

Reasons

1. Basic facts

A. 1) On November 18, 2013, the Plaintiff entered into a contract for the transfer and takeover of a limited partnership company with Defendant B, as between Defendant B and Defendant B, the Plaintiff is a limited partnership company with Defendant B (hereinafter “Defendant Company”).

(2) The agreement on the transfer of shares in a limited partnership company (hereinafter referred to as “the first agreement on the transfer of shares”) that transfers 20% of the shares of the company.

and the main contents are as follows:

Contracts for Transfer of Limited Partnership Company

1. The Plaintiff shall transfer 20% of the shares of the Defendant Company owned by the Plaintiff to Defendant B at KRW 340,000 ( KRW 340,000).

2. Defendant B shall pay to the Plaintiff KRW 340,000,000 ( KRW 340,000) in gold day.

3. The Plaintiff shall pay KRW 340,000 ( KRW 340,000) to the members representing new officers of the Defendant Company for KRW 340,000.

4. The plaintiff succeeds to the representative member of the defendant B.

5. Defendant B shall be appointed as the president of the Defendant Company with the honorable treatment of the former representative members to the Plaintiff.

(1) With respect to honorable treatment for the chairperson, a person designated by the chairperson or the chairperson shall be paid for the benefit of KRW 4,000 ( KRW 4,000,000) equivalent to the amount of actual receipt each month, and shall use a card equivalent to KRW 1,00,000 ( KRW 1,00,000) for the payment of the sales contribution.

6. If the monthly sales of the company exceed 600,000,000 won, the company’s collateral goods provided by the plaintiff for the company shall be released by the defendant B, and the defendant B shall provide separate collateral, but the time of the defendant B’s offering of collateral shall be six months' time limit.

7. Defendant B, a new representative member, must pay to shareholders other than the Plaintiff and Defendant B one half (half) of the wages paid by the former representative member.

8. The above contract is concluded when the plaintiff and the defendant B signed, and the defendant B was commissioned as a new representative member, and the plaintiff will not intervene in the management of the defendant B after the contract is concluded.

except that the corporation has the authority to audit the company.

9. The defendant B shall manage the company.

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