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(영문) 서울북부지방법원 2017.11.28 2016가단38495

약정금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 7, 2011, between the Defendant and C, C entered into a share transfer agreement (hereinafter “instant share transfer agreement”) with the Defendant on June 7, 201, wherein C transferred KRW 120,000 shares of KRW 60 million per share to the Defendant (50,000 per share). The said share transfer agreement contains the name and seal of the Defendant and C.

B. On June 7, 2011, the agreement between the Plaintiff, the Defendant, and C on the purchase and sale of shares as of June 7, 201 (Evidence A; hereinafter “instant agreement”) was prepared, and the said agreement has the names and seals of the Plaintiff, the Defendant, and C.

① On August 23, 2005, C acquired D’s shares on an offer to subscribe for shares on 3,000 shares (5,000 won per share) and on 9,000 shares (5,00 won per share) on December 28, 2005.

② At the time of acquiring D’s shares, C borrowed KRW 60 million in total from the Plaintiff, respectively, at the time of acquiring D’s shares.

③ On June 7, 2011, C shall sell D’s shares to the Defendant at the purchase price.

(4) The defendant shall decide to succeed to the rights and obligations of C in lieu of payment of share acquisition price.

(5) The fact that the principal of claims and obligations is 60 million won shall be confirmed.

6. In order to clarify this Agreement, the plaintiff and the defendant shall prepare a separate agreement with the plaintiff.

C. On June 7, 2011, the agreement between the Plaintiff and the Defendant on the assumption of obligation (hereinafter “the agreement on the assumption of obligation of this case”) was signed on June 7, 2011 with the following content, and the said agreement is signed and sealed by the Plaintiff and the Defendant, and thereafter, the Defendant’s certificate of personal seal impression issued as of March 21, 201 and the Defendant’s copy of the Defendant’s driver’s license were attached.

(1) The defendant shall take over C's obligation to pay KRW 60 million to the plaintiff.

② Security against the said money is 12,00 shares of D acquired by the Defendant from C.

③ Interest on the said money shall be 6% per annum from the date of occurrence, and shall be on the date of repayment.