약정금 등
1.The part of the judgment of the first instance, including the succession participation by this court, against the principal lawsuit is as follows:
1. In the first instance court’s trial scope, the Plaintiff filed a claim for the payment of money as the principal lawsuit, and the Defendant filed a claim for the payment of money as a counterclaim. The court of first instance dismissed the Plaintiff’s claim for the principal lawsuit, the Defendant’s counterclaim claim, and the Defendant filed an appeal against the judgment of the first instance court, but withdrawn an appeal against the part of the counterclaim.
Meanwhile, in this court, the plaintiff withdrawn the lawsuit on the part of the claim for monetary payment, and the intervenor succeeded to the above part of the claim for monetary payment.
Therefore, the scope of this court's trial is limited to the plaintiff's request and the part of the intervenor's claim for monetary payment.
2. Basic facts
A. The Plaintiff owned the “C”’s “C” trademark, and was engaged in the business of producing and selling children’s clothes, etc. as the representative director of D Co., Ltd. from November 15, 201 to November 15, 201. Around February 2012, the Plaintiff negotiated a contract with the Defendant to enter into the terms of transferring the Plaintiff’s shares and the Plaintiff’s representative director’s status to the Defendant.
On the other hand, the Plaintiff operated an individual business entity (H) separately from the above company at that time.
B. Around February 22, 2012, in the course of the foregoing negotiations, the Plaintiff and the Defendant were signed by the Plaintiff and the Defendant by setting up the following agreement under the title of “agreement” by the I, who had worked as a former agent at the above individual enterprise:
(hereinafter “First Contract”). Contractor A”: D representative director A, and B(Defendant)(1): the Defendant shall transfer and take over the shares of D(J) and 9,200 shares of D(J).
Paragraph 2: A loan security offered by the Plaintiff to MU in 201 shall be repaid by the Defendant on February 23, 2012, and the balance KRW 100 million shall be paid by the Defendant to the corporation (J) to which the Defendant is transferred, and the ownership of the goods shall be attributed to the corporation.
Paragraph 3: the Plaintiff.