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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C (Representative Director D) Co., Ltd. (hereinafter “Nonindicted Company”) is an ordinary share of 60,000 shares (one share of 5,000 shares) with a company running a real estate development project, etc., and the Defendant is an internal director of the non-party company.
B. Around May 2012, Nonparty Company entered into a partnership agreement with the Plaintiff, the Plaintiff’s form of land owner, and the Plaintiff’s form of G to jointly distribute profits arising from the execution of the instant project, in order to carry out the business of constructing and selling apartment units on the land, such as the E, F, etc. (hereinafter “instant business”).
【Conditions of Jeon Soo-ahn】
1. The representative director D and the auditor I of the non-party company shall be responsible as dividend criteria in Article 3 of this Agreement, and 10% transfer to G 20%, Plaintiff 20% and J, and the list of shareholders reflecting the above contents shall be notarized.
Article 3 (Person Entitled to Benefit and Distribution Standards)
1. Of the proceeds of this project 100% G20%, the dividends shall be paid to Plaintiffs 20%, J 10% (total of 50% on the part of the Plaintiff), the remaining 1/3 of the remaining 50% shall be paid to D as shareholders and representative directors, and 1/3 shall be paid to K as shareholders and managing directors, and 1/3 shall be paid to the Defendant, respectively.
Article 6 (Special Provisions)
1. G, at the time of the Plaintiff’s possession, the land price paid by E and F is KRW 00 billion in daily gold, G, and the amount paid by the Plaintiff as the down payment, etc. of lots other than the above, in total, KRW 300 million in daily gold (including KRW 300 million in daily gold, KRW 000,000 in daily gold, KRW 300,000 in total, and KRW 300,000 in graveyard this equipment). This is confirmed as the land price, separate from the dividend.
2. G and the Plaintiff’s KRW 10 billion out of the daily amount of money to be paid to the Plaintiff shall be immediately paid as the top priority when N’s loan and O’s PF record, and the remaining KRW 10 billion shall be paid as the top priority before paying the proceeds of the project.
7. The custody of the corporate seal impression of the non-party company I.