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(영문) 대구지방법원 2015.01.15 2013가합12161

약정금

Text

1. The Defendants’ respective Plaintiff:

(a) KRW 3,00,000 and its interest shall be annually from August 1, 2013 to December 9, 2014.

Reasons

1. Basic facts

A. On September 25, 2006, the Plaintiff and Defendant C jointly invested and established D Co., Ltd. D (hereinafter “D”). The purpose of which is to purify fishing grounds, improve fishing grounds, conduct underwater construction business, etc.

B. On September 30, 200, the Plaintiff transferred KRW 25,000 shares of D owned by the Plaintiff to Defendant C, and the Plaintiff paid KRW 300,000,000 to the Plaintiff the above shares transfer price of KRW 50,000 on October 31, 2008, KRW 150,000,000 on October 31, 2009, and KRW 100,000 on October 31, 2010, the Plaintiff paid KRW 30,000,000 to the Plaintiff (the Plaintiff’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s husband’s share transfer price of KRW 1,50,00 on a monthly basis to the Plaintiff or the Plaintiff’s share transfer price of KRW 50,500,00 on a monthly basis, and the Plaintiff transferred the above shares transfer price of KRW 30,5005,000.

After that, D had been holding 25,000 shares with capital increase of 20,000 shares around 20,000 shares in total, among the 70,000 shares, the Plaintiff owned 25,00 shares and 45,00 shares by Defendant C.

C. On January 25, 2010, the Plaintiff: (a) transferred D shares owned by the Plaintiff to D; and (b) D entered into an agreement on the transfer and takeover of shares (hereinafter “second agreement”) with the Plaintiff by dividing the balance of KRW 175,000,000 in the share transfer price, which was unpaid by Defendant C up to the time, into KRW 50,000 on December 30, 201, KRW 50,000 on December 30, 201, KRW 75,000 on December 30, 201, and KRW 75,000,000 on December 30, 201, while recognizing the Plaintiff’s consolation benefits and the contribution at the time of establishing the company (hereinafter “the second agreement”).

F The Plaintiff on the same day “12,00,000 won” and “6,000,000 won on June 30, 2010, and 6,000 December 3, 200.