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Reasons
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(영문) 서울중앙지방법원 2015.05.11 2014가단184791
주식매각대금 및 급여
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 15, 2012, Plaintiff B decided to purchase the shares of Defendant Company and make investment, and purchased from Defendant Company D shares 250 shares in the name of the representative director of Defendant Company, and 250 shares in the name of E, a company director (hereinafter “instant shares”) in total of KRW 166,00 per share.

B. On July 13, 2013, Defendant Company had Plaintiff B take office as an internal director of Defendant Company. From around that time, Defendant Company paid Plaintiff B KRW 1,826,80 per month as salary, and Plaintiff B returned KRW 5 million on June 19, 2013 among the purchase price of the above shares, and USD 1,000 on August 22, 2013, respectively.

C. On November 27, 2013, the Defendant Company settled the unpaid benefits with Plaintiff B with KRW 5,480,340 on August 27, 2013 (i.e., KRW 1,826,780 on October 31, 2013 (i.e., KRW 1,826,780 on October 31, 201 x 3 months) and with KRW 6,688,292 on the purchase price of outstanding shares (i.e., KRW 83 million- KRW 11,211,70 on August 27, 2013). The Defendant Company agreed to pay KRW 72,268,632 on November 27, 2013 to Plaintiff B by December 31, 2013, KRW 20 million on January 31, 2014, KRW 2636,284,200,281.

Since then, upon the request of Plaintiff B, the Defendant Company paid KRW 200,000,000,000,000 to the Plaintiff Company A (hereinafter “Plaintiff Company”) who is employed as the representative director, as the repayment of the said divided repayment, on April 2, 2014, KRW 3,480,340 on April 24, 2014, KRW 17,00,000 on April 30, 2014, and KRW 10,000 on July 31, 2014.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 3 and 4 evidence, Eul 1, 2 and 5 evidence, the purport of the whole pleadings

2. The Plaintiff Company decided to claim the return of the purchase price of the Plaintiff Company’s shares, and the Plaintiff Company was also aware of the purchase price in the name of the Plaintiff Company, and the Defendant Company agreed to return the purchase price of the shares on November 27, 2013.

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