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(영문) 서울중앙지방법원 2016.12.23 2016가단5022342
구상금 등
Text

1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant B are all dismissed.

2...

Reasons

1. Basic facts

A. From around 1998, the Plaintiff owned part of the shares of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and was in office as an officer, and retired from the Defendant Co., Ltd. in early 2009.

B. Around 2009, the representative director D of the Plaintiff and the Defendant Company filed a complaint with both parties on suspicion of occupational embezzlement, etc., and on December 8, 2009, upon revocation of the complaint with both parties, the following agreements were reached:

(hereinafter “this case’s agreement”). D and the Plaintiff agreed to transfer 35% of the Plaintiff’s shares in the Defendant Company to a person designated by D and agreed as follows:

(Distribution of Property)

1. Possession of D;

(a) Real estate - No. 401 (hereinafter referred to as "real estate")

2. Ownership of the plaintiff (hereinafter referred to as "special agreement after agreement").

5. Of taxes imposed on transfer and acquisition, transfer taxes are assessed against D, acquisition taxes and registration taxes are assessed against the Plaintiff.

6. Corporate tax imposed in the fiscal year 2009 shall be borne by D; and

7. After the agreement, 55% of the taxes imposed on the Defendant Company out of the taxes arising from the period of the Plaintiff’s employment and the division of property by agreement shall be borne by the Plaintiff and 45% shall be borne by the Plaintiff.

8. The Plaintiff is responsible for imposing taxes that may be added to the Plaintiff’s individual according to the transfer of ownership and the payment of cash.

(A) Any person who receives tax shall be liable for tax payment in the form of bonus not paid as dividend).

9. D and the Plaintiff may not claim any objection or right at the time of completion of the settlement after this Agreement, and shall be free to operate the business as well as to the customer.

C. On the other hand, around 2005, Defendant Company decided to acquire the Seocho-gu Seoul Metropolitan Government E Apartment 401 (hereinafter “instant apartment”) under the pretext of payment in kind for construction materials from the customer, and completed the registration of transfer of ownership in the name of Defendant B, the mother of the instant apartment on June 20, 2005, and accordingly, the instant apartment is the apartment.

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