출자의무이행 청구의 소
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
(2) On August 9, 2017, the Defendant agreed to the following terms (hereinafter “the first agreement”) and paid KRW 30 million to the Plaintiffs on the same day according to the said agreement.
1. The defendant shall pay to the plaintiffs a part of the agreed amount of KRW 30 million, and the plaintiffs shall receive the above money, and at the same time, shall receive the application for withdrawal and cancellation of execution with respect to the case of the application for temporary injunction against real estate disposal from Jeju District Court 2017Kadan10036.
2. The remaining agreed amount shall be the remaining amount obtained by deducting the above KRW 30 million from the damages finalized in the claim for the performance of investment obligation (referring to the lawsuit in this case) by Jeju District Court 2017Gahap10608, and the defendant shall pay the plaintiffs at the same time as the judgment becomes final and conclusive.
B) On September 6, 2017, the Plaintiffs and the Defendant agreed again with the following contents (hereinafter “instant additional agreement”). The instant initial agreement and the additional agreement are collectively referred to as “instant agreement.”
(2) As to the instant case, the Plaintiffs and the Defendant drafted a written agreement on August 9, 2017. Since additional agreement has been reached thereafter, the following new agreement has been made. 1. The Defendant paid to the Plaintiffs part of the agreed amount, and the Plaintiffs received the said amount, and the documents attached to the Jeju District Court’s 2017Kadan10036 application for provisional disposition of real estate, and received the application for withdrawal and cancellation of enforcement of the provisional disposition of real estate. 2. Of the total amount of the agreed amount, the amount shall be paid by December 30, 2017, and the remaining amount shall be the remainder after deducting the above KRW 50 million from the amount finalized in the claim for the performance of the obligation of investment obligation, and at the same time, the Defendant shall be paid to the Plaintiffs.
5. When a final and conclusive judgment does not exceed 50 million won, the amount shall be refunded to the same extent.
2. According to the above facts of recognition, this case is examined.