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(영문) 서울중앙지방법원 2018.02.22 2016가합517484
계약무효확인 등의 소
Text

1. The part of the claim for nullification of the contract, among the main claims of this case, shall be dismissed.

2. Each remaining part of the plaintiff.

Reasons

Basic Facts

Before the death of July 1, 2015, the deceased H (hereinafter “the deceased”) served as the representative director of the I Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and held 22,800 shares of the shares issued by the Defendant Co., Ltd. (76 per cent of the shares), and held 30,000 shares issued by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) as the representative director of the I Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

From June 29, 2015 to July 3, 2015, the Defendant Company was in charge of the progress of the “K” implemented by the J agency. On July 1, 2015, a traffic accident of a bus 1, which was moved to a single round in the Chinese Green area, falling down below the bridge due to the over-speed in the kibro, and nine public officials on the deceased on board the bus and on the part of cultural exploration were dead.

(hereinafter “instant accident”). The deceased’s heir was the deceased’s spouse, M, and N, but the Plaintiff agreed to inherit 22,80 shares issued by the Defendant company in the name of the deceased, after the deceased’s death.

On the other hand, L transferred to the Plaintiff the 300 share shares issued by the Defendant Company (1%) in agreement as above.

Accordingly, the plaintiff has been holding 23,100 shares issued by the defendant company.

Article 1 (Purpose) The purpose of this Agreement is to pay the death consolation benefits and the bereaved family’s livelihood benefits to the Plaintiff, a senior bereaved family member, who died due to an unforeseen traffic accident during the performance of the Defendant Company’s business trip and to support his family’s livelihood, and to regulate all necessary matters in transferring the entire shares of the Defendant Company owned by the deceased, who was inherited due to the death of the deceased, to the Defendant Company.

Article 2 (Payment of Death Compensation Money and Cost of Living Assistances for Bereaved Family Members and Transfer of Stocks) ① (100,000,000 won for lump sum payment of death compensation money including the deceased’s retirement benefits. ② 1,50,000 won for each month of bereaved family’s living benefits. ③ Defendant holding the deceased and surviving family members.

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