약정금
Of the judgment of the first instance, the part against Defendant medical corporation D is revoked, and the plaintiffs corresponding to the revoked part are defendant.
1. Basic facts
A. On August 26, 2013, Plaintiff B and Defendant C jointly purchased 2,350 square meters in Seo-gu, Seo-gu, Gwangju (hereinafter “instant land”).
2) On July 1, 2014, at the general meeting of the promoters of the Defendant Foundation, a decision was made to the effect that “A is the chief director of the Defendant Foundation; Defendant C is elected; Plaintiff B and Defendant C shall contribute the instant land and its ground buildings as fundamental property; Defendant C shall contribute KRW 500 million to ordinary property.”
3) After completing the registration of incorporation of a juristic person on August 5, 2014, the Defendant Foundation completed the registration of transfer of ownership on the instant land owned by Plaintiff B and Defendant C due to donation on August 8, 2014. On August 28, 2014, the Defendant Foundation established a medical institution called H medical care hospital in the above ground building after completing the registration of preservation of ownership on the instant land owned by the Plaintiff B and Defendant C on the ground of donation. < Amended by Presidential Decree No. 25558, Aug. 28, 2014>
B. On October 13, 2014, Defendant C prepared a fair deed and a written agreement with the husband I to the effect that “Defendant C shall pay the amount of KRW 600 million borrowed from Plaintiff B in installments to the account in the name of Plaintiff A seven times until February 28, 2015,” which was signed by a notary public with the effect that “A shall pay the amount of KRW 600 million borrowed from Plaintiff B in installments to the account in the name of Plaintiff A” (hereinafter “the instant fair deed”) with the executory power of No. 886, 2014.
2) On October 13, 2014, Plaintiff B and Defendant C agreed with the following contents.
① Defendant C shall pay the Plaintiff B KRW 600 million as the content of the instant process deed.
② Defendant C shall guarantee the Plaintiff A’s term of office as a non-standing standing director for six years, and his/her salary shall be paid KRW 10 million per month.
③ The Plaintiffs waive their rights in operating the Defendant Foundation, do not participate in all management rights, and are also supported by their responsibilities and duties.