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(영문) 서울중앙지방법원 2019.07.11 2018가합529184
퇴직금 등
Text

1. Defendant C Co., Ltd.: (a) KRW 20,500,000 for the Plaintiff and 5% per annum from January 6, 2018 to July 11, 2019.

Reasons

1. Basic facts

A. The position of the parties 1) Defendant C Co., Ltd. (former trade name: D.; hereinafter “Defendant Co., Ltd.”)

(2) The Plaintiff was appointed as the inside director and the representative director of the Defendant Company on July 11, 2014, and became a joint representative director of the Defendant Company on June 16, 2016, together with the case where the Plaintiff was a joint representative director of the Defendant Company.

On May 24, 2017, the Plaintiff resigned from office as a director of the Defendant Company and was appointed as an auditor of the Defendant Company.

On August 1, 2017, Defendant Company passed a resolution to dismiss all directors and auditors of Defendant Company including Plaintiff on August 1, 2017, and on August 11, 2017, the registration of dismissal of Plaintiff was completed.

3) The Defendant B, as a major shareholder of the Defendant Company, was appointed as the representative director of the Defendant Company on August 1, 2017. (b) On November 25, 2011, the Plaintiff: (a) sold 1,00 shares of the Defendant Company owned by the Plaintiff to the Defendant B; (b) drafted a written agreement on stock purchase (hereinafter “instant agreement on stock purchase”) with the following content.

In selling and buying the shares of the Defendant Company on November 25, 201, the Plaintiff and the buyer, and the Defendant B, shall agree and agree as follows and prepare this Agreement:

1. The above share purchase and sale is a result of agreement without any objection that Defendant B returned the full amount of the Plaintiff’s investment to the Defendant Company and secure ownership and management rights of the Defendant Company.

2. After the purchase and sale of shares, Defendant B shall pay a certain portion of shares to the Plaintiff in the form of meritorious shares, recognizing the part that the Plaintiff contributed to the establishment of the Defendant Company and the early

3. The payment of the above contribution shares is made in the form that the Plaintiff participated in the offering of new shares to the Defendant Company, but the payment of contribution shares is 20% of total amount to the Plaintiff until it reaches the amount of KRW 500 million.

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