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(영문) 울산지방법원 2016.12.09 2015가단58630

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 190,00,000 and the interest rate of KRW 15% per annum from October 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff completed business registration with the trade name of “C” and operated the manufacture and packing business of timber boxes.

B. The Plaintiff was recommended from the Defendant to jointly carry out the manufacture and packing business of timber boxes in the NAN-gun of the former North Korea. On May 1, 2014, the Plaintiff lent the Plaintiff’s name to “E” (hereinafter “instant entity”); the place of business was located as “F in the former North Korea-gun”); and the Plaintiff completed business registration; and operated the manufacture and packing business of timber boxes.

C. On May 9, 2014, the Plaintiff agreed to withhold 60% of the revenues that the Plaintiff operated between the Defendant and the Defendant, 30% of the revenues, and 10% of the remainder as the reserves of the instant company.

Then, on March 20, 2015, the Defendant decided to accept the instant enterprise from the Plaintiff, and drafted a written contract with the following contents:

(hereinafter referred to as "the instant underwriting agreement". The Plaintiff, the Defendant, and the witness G enter into an underwriting agreement with E in the former North Korea-gun as follows:

Article 1 [Acceptance Price] The defendant shall accept E under the agreement set forth in this contract on the condition that the acquisition price of E is 190 million won or more from the plaintiff.

Article 2 [Date of Payment for Acceptance] The Defendant shall pay a part of KRW 100 million of the acquisition price of the company to the Plaintiff’s domicile or to the bank account in the name of the Plaintiff by means of the transfer of ownership under the name of the Defendant’s domicile, and at the same time by means of the transfer of ownership under 110 Dong Dong-dong H apartment, 1602, and at the same time by means of apartment mortgage loan, etc.

In addition, the defendant shall repay the balance of the acquisition price under Article 1 up to June 30, 2016.

From January 2016

6. To repay in installments by no later than 30.

Article 3 [Contents of Acceptance] The acquisition price includes all kinds of security deposits (factory, studio and operation expenses, and operating expenses) in E name.

On May 9, 2014, 30% of the defendant's share in E-Agreement No. notarial by the plaintiff, defendant, etc. is paid in full.