약정금
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
1. Basic facts
A. The plaintiff, the defendant, and C are in their own relationship, and the defendant served as the inside director of the corporation D (hereinafter "D"), and C as the auditor of D.
B. On May 7, 2013, the Plaintiff agreed to the effect that, in selling the Defendant, C, and C, “E apartment F and G, the purchase price and all legal expenses (including transfer income tax) are deducted, and the remainder of net income is divided into three equal parts and allocated equally by three persons.”
C. On May 7, 2013, the Plaintiff agreed to the effect that, when selling the Defendant, C, and C, “H apartment I, J, K, L, M, M, N,O, P, and Q, the purchase price and all legal expenses (including transfer income tax) are deducted, and the remainder of net income shall be divided into three equal parts and allocated equally by three persons.”
D owned E Apartment F and G, but sold E Apartment F in KRW 162,50,000 to R on May 6, 2015, and sold E Apartment G in KRW 129,00,000 on July 19, 2016 to S and T in KRW 129,00,000.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including virtual number), Eul evidence 1 to 4, and the purport of the whole pleadings
2. Determination on the main claim
A. The summary of the Plaintiff’s assertion: (a) sold E Apartment F units KRW 162,50,000; (b) HS units KRW 129,00,000; and (c) from the above purchase price, KRW 120,000,00 in aggregate of the deposit money for each of the above real estate (i.e., KRW 60,000,000 in total); (b) KRW 7,91,640 in aggregate of the management expenses for each of the above real estate; and (c) KRW 20,013,114 in aggregate of the tax on each of the above real estate; and (d) KRW 143,495,246 in sales of the above real estate (i.e., KRW 162,50,000 in total - KRW 120,000,000 in total - KRW 70,009,00 in total; and (e) the Defendant is obligated to pay damages for delay to the Plaintiff (i.
B. Both parties to the judgment shall jointly establish and operate a stock company by investing cash and in kind, and share the burden of expenses incurred in the joint management of the company and the distribution of profits.