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(영문) 창원지방법원진주지원 2014.05.14 2013가단11054

약정금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, along with the representative director D of Defendant C and Defendant B Co., Ltd. (hereinafter “Defendant Company”), operated the Defendant Company, and around May 23, 2012, the Plaintiff and D assumed office as joint representative director of the Defendant Company and Defendant C as auditor.

B. On June 3, 2013, the Plaintiff prepared a letter of undertaking with the Defendants (hereinafter “instant letter of undertaking”) and resigned from the Defendant Company, and retired from the Defendant Company. The main contents of the instant letter of undertaking are as follows.

The following:

4.5. The letter of undertaking of this case

3.4. Paragraph 4. It appears to be a clerical error.

(b) Paccines;

1. The Plaintiff shall resign from the office of representative director as of June 1, 2013.

3. The Defendants shall settle the consolation money in the name of the company in April 30, 2013 and pay the Plaintiff KRW 120 million to the Plaintiff as of April 30, 2013.

Provided, That among them, 46 million won shall be paid in cash on June 3, 2013, and 24 million won shall be paid by the tenth day of the following month after settling down the accounts of 1/3 of the number of monthly accounts and paying 50 million won to the 10th day of the following month when deposits are made after the completion of the business at a place of business in progress from May 1, 2013, which is in progress from May 1, 2013.

4. The Defendants transfer the corporate vehicle E (K5) paid to the Plaintiff to the Plaintiff.

5. The Plaintiff owes to the Defendants the following with respect to the acquisition and transfer of accounting affairs:

(1) In the event that there is no fact of embezzlement of public funds during the pertinent three-year period, and the fact of embezzlement of public funds is confirmed in the future, the following content is promised to be performed to the Defendants: (a) from January 1, 2011 to January 31, 2013; and (b) from January 31, 2011 to January 31, 2013.

(1) Where the amount is less than one million won, compensation shall be made in cash.

(2) If the amount exceeds one million won, 50 million won in the settlement of accounts receivable and 24 million won in the ongoing workplace.