beta
(영문) 창원지방법원 2017.08.17 2016가합55677

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around December 2003, D, a company that produces patient beds, etc. with the trade name of “C,” agreed with the Plaintiff to incorporate the said company into a corporation and transfer it to the Plaintiff at KRW 1.2 billion. According to the above agreement, on December 17, 2003, the Defendant was mainly established with the total number of shares issued on December 17, 2003, and the Plaintiff paid KRW 1.195 billion to D with the total amount of shares sold. The Plaintiff paid KRW 44980,00 to D with the share purchase price, and was transferred from D to December 27, 2007, and was appointed as the Defendant’s representative director.

B. On June 18, 2008, the Defendant purchased approximately KRW 1.9 billion (excluding KRW 100,000,000,000,000,000,000,000,000 won, which was additionally paid as registration tax, acquisition tax, etc.) through a voluntary auction. In that process, the Defendant borrowed KRW 160,000,000 from the Busan Bank and completed the registration of creation of a mortgage on the instant real estate under the name of the above bank, and all of them were led by the Plaintiff as the representative director.

C. Around August 31, 2008, the Plaintiff entered into a contract with D to transfer the management rights of the Defendant and the Defendant owned by the Plaintiff to D again. Accordingly, D was appointed as the representative director of the Defendant on September 5, 2008. The Plaintiff transferred 4,980 shares of the Defendant, which were held by D from November 11, 2008 to December 21, 2009, and received a total of KRW 600 million from D with the share purchase price.

In order to compensate for the difference between D and D on December 23, 2009, the Plaintiff’s representative of the Defendant, with a view to compensating for the difference between KRW 1195 million and the price paid by the Plaintiff in selling the Defendant’s shares from D and KRW 600 million, the Plaintiff entered into an agreement with the Defendant to pay the difference to the Plaintiff (hereinafter “instant payment agreement”).