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(영문) 대구지방법원 2015.09.03 2014가합4006

약정금

Text

1. Defendant C and D jointly share KRW 200,000,000 to the Plaintiff, as well as Defendant C from May 20, 2014, and Defendant D.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (former trade name before the alteration: E; hereinafter “Defendant Company”) is the owner of the building F.F. 246.3 square meters and F.1 (hereinafter “instant real estate”) in Daegu-gu, Daegu-gu, and the Plaintiff was the representative director of the Defendant Company at the time when the agreement as seen below was concluded, and G, the Plaintiff’s money company, owned all the shares of the Defendant Company.

B. On April 30, 2013, Defendant Company concluded an agreement with Defendant C and D with the following content (hereinafter “instant agreement”).

A: H Representative Director A B of Junggu, E: C

1. A shall, in addition to the conclusion of the above agreement, change or move to the representative director, director, auditor, etc. of A or to a person designated by B;

(2) A shall enter into the above agreement and transfer all of the shares of A to a person who is designated by B or B, and B shall take over the shares of B.

In addition, Eul shall change the name of the representative of the business registration certificate to Eul, and Gap shall actively cooperate with it.

3. At the same time as the implementation provided for in paragraphs (1) and (2) of the above Agreement, Eul shall decide to change the name of A, which is the debtor of the right to collateral security, created on the land and building located in Daegu Jung-gu, and shall bear the expenses at the time of occurrence.

4. B as described in paragraph 1 of the Agreement, from the time when the registration of a juristic person is completed, B shall assume responsibility for all interest, such as financial interest, etc. arising in connection with the real estate as described in paragraph 3, and shall not pay any arrears until the sale of the said real estate.

5. B: The real estate stipulated in paragraph (3) of the written agreement shall be sold to a third party until October 30, 2013; and upon the expiration of the said period, A, the representative director of A, KRW 40 million on October 31, 2013; KRW 40 million on November 30, 2013; KRW 40 million on December 31, 31 of the same year; KRW 40 million on December 31, 2014; KRW 40 million on January 30, 2014; and ② on February 3 of the same year.