약정금 등
1. Of the judgment of the court of first instance, the part against the plaintiff who is ordered to pay the following amount against the defendant C.
1. In the first instance trial, the Plaintiff sought payment of KRW 40 million to the Defendants and KRW 4632,200 to the Defendant Company B (hereinafter “Defendant Company”). The court of first instance dismissed the Defendants’ claim for the agreed amount, and accepted the remainder of the claim, excluding the part of the damages for delay, among the damages for delay, against the Defendant Company.
In this regard, the plaintiff appealed against the part of the claim for the agreed amount, which is subject to the judgment of this court is limited to the claim for the agreed amount.
2. Basic facts
A. On December 22, 2010, the Plaintiff was appointed as the representative director of the Defendant Company and resigned on July 4, 201.
B. On July 4, 2011, an agreement was made between the Plaintiff and the Defendant C to the following effect (hereinafter “instant agreement”), and an agreement was made under the title “Agreement on the Resignation of the Representative Director.”
The above agreement has the name of the plaintiff and the defendant C and has the signature (the two personal names) of the plaintiff and the defendant C, and the name of D, E, and F and the signature of E and F in the observer column.
(1) The representative director of the Defendant Company shall resign from his office on July 4, 201.
(2) The Defendant Company shall pay a total of KRW 100 million to the Plaintiff’s personal account on the date of retirement ( July 4, 201) and pay KRW 60 million in cash to the Plaintiff’s personal account on the date of temporary payment, and cash KRW 40 million from July 30, 201 to the Plaintiff’s account on the 30th day of each month.
(3) The income tax on the above KRW 100 million shall be borne by the Defendant Company.
(4) On July 4, 201, the Plaintiff shall hand over the business to a person designated by F or a company owner on his/her behalf.
C. The Plaintiff was paid KRW 60 million by cashier’s checks on July 4, 2011.
The upper part of the above check may be "B", and at the bottom, defendant C shall sign at the lower end.
[Ground of recognition] Evidence No. 2, Evidence No. 3-1, No. 2, and Evidence No. 4.