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(영문) 서울고등법원 2017.05.12 2016나2080411
약정금
Text

1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. Since the Defendant commenced an import and sale business of the main food and plant in Seodaemun commercial building from around 1970, it established and operated the same business after establishing a corporation and establishing C (hereinafter “C”) on September 22, 1993.

The Plaintiff was registered as a shareholder on the register of shareholders at the time of the establishment of C, as the Defendant’s early 1989 and retired from office on July 3, 2015. Since its capital increase on March 30, 1999, the Plaintiff was registered as a shareholder of 6,000 shares (hereinafter “instant shares”).

B. C began to pay dividends to shareholders since 2005, and the dividends of the instant shares were deposited into the Plaintiff’s account in 2005, and the amount equivalent to the dividends on the day was withdrawn.

From 2006, 500 shares of this case were deposited into the Plaintiff’s account managed by the Plaintiff and used by the Plaintiff, and the remaining 5,500 shares were deposited into the Plaintiff’s account, etc., and the Defendant managed the said shares.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1 as to the Plaintiff’s shares is the Plaintiff’s ownership that the Defendant donated to the Plaintiff, and the dividends should also belong to the Plaintiff. The Plaintiff and the Defendant agreed to receive and operate the dividends for 5,500 shares out of the instant shares, but return the dividends and profits to the Plaintiff. According to the above agreement, the Defendant managed the dividends for 5,500 shares.

Therefore, the defendant should pay to the plaintiff KRW 700 million as part of the dividends and earnings he owns in accordance with the above agreement.

Even if there is no such agreement between the plaintiff and the defendant, the defendant shall belong to the plaintiff without any legal ground.

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