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1. The Defendant’s KRW 4,499,024,028 as well as the Plaintiff’s annual rate from May 1, 201 to February 9, 2017, and the following.
Reasons
1. Presumed facts
A. The Plaintiff and C’s establishment and operation 1) was first established with the name of D Co., Ltd. in April 23, 1980. Since April 23, 1980, the Defendant has been operating the said company as the representative director. 2) The Plaintiff transferred its headquarters in April 1994 to Youngcheoncheon, changed its trade name to C Co., Ltd. in 1999, and as of around 2005, the Plaintiff transferred the Plaintiff’s trade name and A Co., Ltd. (hereinafter “former Daejeon”) as of 2001 to its subsidiary as of October 17, 2005. During that process, the Defendant, a major shareholder of C Co., Ltd, and the former major shareholder of E Co., Ltd, prepared the “Annex Agreement” on October 17, 2005. The main contents of the attached agreement are as follows:
Article 1 (Merger, Corporate Division, etc.) (1) The defendant of the major shareholder of C and the former major shareholder E of A shall be merged with two corporations after C becomes the complete parent company of the Gu in accordance with due process in an appropriate manner.
(2) Even after a merger between C and Gu A, the merged corporation shall ensure that the business prior to the merger between C and the Gu A is operated as a part of the business having the originality.
(3) When one party makes a request for a merger, C and the Gu A may separate the merger corporation based on the previous project parts of C and the Gu A in an appropriate manner, such as corporate division (personal or physical), division, transfer, etc. through legitimate procedures.
3) The Plaintiff changed its trade name on December 28, 2006 to F, and merged the former A, a subsidiary, on October 6, 2008 (the representative director of the merged company, became the Defendant and E).
() On December 31, 2008, the trade name was changed to A, a mutual company as of December 31, 2008. After the merger, the defendant, after the merger, operated the Plaintiff’s Youngcheon Project Division (SM) and the Daejeon Project Division (Schip Business Division) separately. 4) Meanwhile, on January 8, 1987, the defendant established G as the representative director, and operated it as the representative director, and changed the trade name on December 28, 2006 to C (C).
B. The Plaintiff’s subsidiaries’ H Limited Corporation (hereinafter “H”) was established and run.