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(영문) 서울동부지방법원 2018.08.30 2017가합102387
배당금 등 청구의 소
Text

1. On the Plaintiff (Counterclaim Defendant),

A. The Defendant (Counterclaim Plaintiff) B Co., Ltd.: KRW 300,000,000 and its amount on April 8, 2017.

Reasons

A principal lawsuit and counterclaim shall be deemed to be combined.

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on January 15, 2007 for the purpose of soil construction business, etc., and the Plaintiff is the largest shareholder who established the networkF (hereinafter “the network”).

B. On January 12, 2007, the Plaintiff, the Deceased, and the Defendant Company agreed to the following contents, and drafted a written agreement (No. 2, hereinafter “instant agreement”).

Article 1 (1) The Plaintiff shall not participate in the daily management activities of the Defendant Company even though he/she holds 51% shares of the shares issued by the Defendant Company, and shall not engage in any act that may guarantee and infringe upon the management rights of the Deceased B.

Article 2. Guarantee of the Plaintiff’s equity and treatment (3) The Deceased shall take measures to ensure that he/she receives treatment (including all kinds of treatment, such as benefits, corporate cards, and vehicles) equivalent to that he/she receives from the Defendant Company from the Plaintiff or the person designated by the Plaintiff, and that one of the registration directors of the Defendant Company shall be accompanied by the Plaintiff

Article 3 Action of the Company ① The Defendant Company is aware of the contents of this Agreement, and does not make any decision contrary to the contents and intent of this Agreement.

Article 4 In cases where one of the parties to the compensation for damages violates the terms and conditions of this Agreement, the compensation for damages shall be paid in advance to the other party, which shall be KRW 500,000.

In addition, in order to clarify the contents of this agreement, the parties to the agreement shall prepare three copies of the agreement and keep one copy of each agreement by the deceased and the defendant company.

[Attachment]

1. A certificate of personal seal impression of the deceased;

2. A certificate of the personal seal impression of plaintiff;

3. One copy of a certificate of seal imprint issued by the defendant corporation (Provided, That it shall be attached after incorporation);

C. On November 16, 2014, the Deceased died, and there is Defendant C, Defendant D and E, his wife, as his inheritor.

Defendant C is the shares of the Defendant Company from Defendant D and Defendant E.

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