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(영문) 수원지방법원여주지원 2019.04.10 2018가합5071

약정금

Text

1. The part of the Plaintiff’s claim for delivery of ELPG containers against Defendant B is dismissed.

2. The plaintiff, .

Reasons

Facts of recognition

The Plaintiff jointly established and operated Defendant B and Defendant C around 1997.

On August 23, 2017, the Plaintiff and Defendant B agreed to organize joint projects with Defendant C, and agreed to the following contents (hereinafter “instant agreement”).

Defendant C consented to the above agreement in the position of joint and several sureties only with the obligation to transfer real estate ownership in Defendant B.

The plaintiff will transfer all the shares of the defendant C to the defendant B and will not participate in the management of the company, and will be implemented by agreement as follows, by arranging the shares of the defendant C's business between the plaintiff and the defendant B:

Paragraph (2) of Paragraph (1) of Paragraph (2) of Paragraph (1) of this Article provides that both Defendant C’s shares 2,500 shares shall be transferred to Defendant B, and the Plaintiff shall have the Poter D, E (Gas Delivery Vehicle), F (Facilities Vehicle), LPG container and quantity, telephone (State Line (031): G, H, I, J, K,K, and L); office supplies, ancillary facilities shall be owned by Defendant B and shall be left to the company, and the remainder shall be waived.

Paragraph (3) of this Article shall be paid to the Plaintiff KRW 800,000,000 as the business account statement, including the stock price, and KRW 100,000 among them shall be paid on the day when the contract deposit is made, and the remainder of KRW 700,000,000 shall be paid within four months.

The plaintiff in paragraph (4) shall receive the total amount of the above paragraph (3) and at the same time resign from the inside director and resign from the audit M.

Defendant B paid only KRW 300 million out of the settlement amount of KRW 800 million until December 23, 2017, which is the date of the payment of the remainder stipulated in the instant agreement.

Meanwhile, until December 23, 2017, the date of payment of the remaining amount stipulated in the instant agreement, Defendant C supplied gas to the Customer as the container of LPG (hereinafter “instant outstanding amount”) by December 23, 2017 is the total amount of KRW 28,606,112.

[Grounds for recognition] A. 1, Eul evidence No. 2, and the purport of the entire argument as to the plaintiff's lawsuit against the defendant B, ex officio whether the request for delivery of LPG containers is legitimate.