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(영문) 울산지방법원 2016.05.26 2015가합1686
출자지분반환 등
Text

1. Of the instant lawsuit, the part of the primary claim against Defendant B shall be dismissed.

2. The plaintiff's defendant limited partnership company C.

Reasons

1. Basic facts

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

A limited partnership company that transfers 20% of its shares has entered into a contract for transfer of shares, 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 340,000,000 for KRW 340,000,000 for the operating funds of the Defendant Company to the representatives of new employees of the Defendant Company.

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. Defendant B, after the management of the company was transferred to black, preferentially repaid the funds which the Plaintiff provided to the company.

(c) reimbursement;

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