(영문) 부산지방법원 2013.11.06 2012가합8416

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(영문) 부산지방법원 2013.11.06 2012가합8416

주식매매대금등

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1. The Defendant’s KRW 800,000,000 as well as 5% per annum from May 25, 2012 to November 6, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. From around 1998, the Defendant operated a private company with the trade name of “C”, and established D Co., Ltd. (hereinafter “Nonindicted Company”) on June 26, 200, and the Plaintiff was in charge of accounting and management of the non-party company until around 2010.

B. Around that time, 16,00 shares equivalent to 40% of the shares issued by Nonparty Company 40,000 shares were allocated to the Defendant, 35% of the Plaintiff, 6,000 shares equivalent to 15% to Nonparty E, 4,000 shares equivalent to 10%, and 10% of the shares issued by Nonparty F were partially transferred by the Plaintiff and the Defendant. Since then, 45% of the shares of the Defendant, the Plaintiff’s shares were 40%, 40% of the Plaintiff’s shares, and 15% of the shares of Nonparty E.

In March 2006, the shares issued by the non-party company became 80,000 shares with the increase of capital around March 2006.

C. Around July 2010, the defendant representing the non-party company filed a complaint for embezzlement of the funds of the non-party company for several years while taking charge of accounting affairs of the non-party company.

(hereinafter referred to as “the first complaint of this case”) D.

On October 6, 2010, the Plaintiff, the representative director of the non-party company, entered into a share transfer contract (hereinafter “instant contract”) as follows, the main contents of which are to acquire shares owned by the Defendant and withdraw the above complaint against the Defendant:

With respect to accusation cases involving occupational breach of trust, embezzlement, etc. with the Plaintiff and the Defendant, mutual understanding and smooth agreement was made between them that this case was caused by misunderstandings, and to no longer reversing this, either Party A and B, as well as any other person, will not reconcilize civil and criminal issues with respect to this accusation case, and will prepare and affix their signatures and seals on a water supply contract.

1. A written withdrawal of a complaint shall be accepted by October 8, 2010 in respect of occupational breach of trust and embezzlement complaints received by the Busan Western Police Station and shall prove that this case was agreed smoothly.

2. The acquisition of shares;

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