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(영문) 서울동부지방법원 2017.09.20 2016가단110049

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from April 8, 2016 to the date of full payment.

Reasons

1. Basic facts

A. By December 29, 2015, the Defendant, as the husband of the E, a representative director of the Co., Ltd. (D; hereinafter “C”) having its head office at the time of leisure by December 29, 2015, was in office as a director of the Co., Ltd. (hereinafter “Seoul”) and actually managed this. At present, the Defendant is in office as the representative director of the Co., Ltd. (F; hereinafter “Seoul Co.

B. On December 10, 2015, the Plaintiff: (a) concluded a passenger transport business license agreement with E to take over KRW 145,000,00 for commercial transport vehicles, etc., which are business and business property of E; (b) KRW 45,00,000 for contract deposit; (c) the remainder of KRW 100,000 for contract deposit and the remainder of KRW 100,000 for contract deposit shall be paid on December 31, 2015; (d) however, on January 5, 2016, the Plaintiff and E entered into the passenger transport business license agreement with E to take over all necessary documents before a corporation’s transfer (hereinafter “instant transfer and acquisition agreement”); and (e) at the time, the Plaintiff and E agreed to bear each of the expenses incurred before December 31, 2015, and the amount incurred after December 31, 2015.

C. On December 29, 2015, the Plaintiff paid the acceptance payment pursuant to the instant transfer/acquisition agreement, and was appointed as the representative director C’s representative director.

On the other hand, on December 31, 2015, the Defendant, with respect to the instant transfer/acquisition agreement, issued to the Plaintiff a written confirmation to bear the burden of final tax return for the amount of taxes in January 25, 2016, on or before December 31, 2015, on or before December 31, 2015.

E. Meanwhile, at the time of the conclusion of the instant transfer and acquisition agreement, the Defendant paid the Plaintiff a total of nine vehicles to the corporation operated by the Plaintiff on the 20th day of each month instead of receiving the payment of the said nine vehicles from the Plaintiff, and accordingly, received a total of nine vehicles from the Plaintiff. On February 15, 2016, the Defendant fulfilled the obligations under the instant transfer and acquisition agreement and the said support vehicle.