beta
(영문) 대구고등법원 2015.11.11 2013나20473

약정금

Text

1. Of the judgment of the court of first instance, the part against Defendant C Co., Ltd and D in excess of the following monetary payment order.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (former trade name is FF Co., Ltd.; hereinafter “Defendant Co., Ltd”) was established on October 26, 2005 at KRW 50,000, and KRW 500,000 per share of KRW 10,000 (the par value per share). At the time of its establishment, the shareholding of investors was owned by Plaintiff A 20,000, KRW 15,000, and KRW 14,000, and KRW 1,000.

B. On January 2, 2006, Defendant Company issued 30,000 new shares and increased the shares to 80,000 shares and the capital to 80,000 won. Defendant D acquired new shares at 30,000 shares.

Defendant D, on January 2, 2006, has been appointed as the representative director of the Defendant Company and has been in service until now.

C. On July 16, 2007, the Plaintiff A and the Deceased entered into the following contracts (No. 1, hereinafter referred to as the “instant contract”) with Defendant D and the Defendant Company, and the representative of the Defendant Company was Defendant D.

(A) Contract: Defendant D (B)

1. In establishing a defendant company, investments in the specialized construction mutual aid association, office rents, office fixtures, facility costs, expenses for establishment of a company shall be KRW 100 million, and the above KRW 100 million shall be owned by Eul.

2. A’s shareholder qualification shall be forfeited when the price is paid by Party A due to Party B’s request for the above KRW 100 million and shall be transferred without compensation to the person designated by Party A.

3. On June 30, 2007, as to the eight sites other than the former and the former G, which are the details of the contract prior to June 30, 2007, A’s 100 million won is the payment key to B by September 30, 2007.

4. Three percent (excluding value-added tax) of the amount deposited after delivery of the contract price under the contract in addition to the above eight sites shall be the priority for payment to B immediately.

6. (B) In respect of employment of staff and benefit processing, no objection shall be raised and the conditions under paragraph 4 shall not be changed even in the time of proper operation.

7. A surplus.