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(영문) 수원지방법원 2017.08.08 2016가합2256

약정금

Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 528,00,000 as well as KRW 500,000,000 as well as the full payment from June 29, 2016.

Reasons

1. Basic facts

A. Defendant C, E, and F had been engaged in the project to create a flower complex at the Gririwon in Ansan-si (hereinafter “instant project”) while promoting the project.

Accordingly, Defendant C, E, and F, instead of having Defendant D participate in the instant project, decided to delegate Defendant D with the financing and management work necessary for the instant project.

B. On August 2, 2013, Defendant C, E, F, and D established Defendant Incorporated Co., Ltd. (former Defendant’s trade name was H Co., Ltd., but, on August 19, 2013, each of the changes was made to I, and B, an agricultural company on December 8, 2015, respectively; hereinafter “Defendant Incorporated”). Defendant C was the representative director of the Defendant Incorporated Co., Ltd.; Defendant F was the internal director of the Defendant Incorporated; and Defendant D was the auditor of the Defendant Incorporated Co., Ltd., respectively.

C. Meanwhile, around August 2013, the Plaintiff is the land in this case, where the Defendant corporation is not more than 3,398 square meters in Ansan-si J-si with respect to the Defendant corporation.

The sale of the shares and the registration of ownership transfer was completed on August 27, 2013 in the future of the Defendant Corporation. 【The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 2 and 3, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is about the above 1-C.

As indicated in Paragraph (1), between Defendant D and Defendant D who represented the Defendant corporation at the time of selling the instant land to the Defendant corporation, the Plaintiff’s repayment period of KRW 500 million under the instant land sales contract shall be deferred until August 9, 2015, and the Defendant corporation shall pay the said purchase price and pay KRW 200,000 as of the end of each month from October 2013. Defendant C, D, E, and F agreed to jointly and severally with the Defendant corporation to repay each of the above obligations to the Plaintiff (hereinafter “instant agreement”).

However, the Defendants paid KRW 2 million each month from October 2013 to March 31, 2015 in accordance with the instant agreement.