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(영문) 대구지방법원서부지원 2013.05.09 2012가합3464

약정금

Text

1. Defendants C Co., Ltd and D shall jointly and severally file for each of the Plaintiffs KRW 87,44,751 as well as for each of them from February 6, 2013 to May 2013.

Reasons

1. Basic facts

A. On October 26, 2005, the Plaintiffs are the actual owners of the Defendant Company that established the Defendant C Co., Ltd. (former trade name: FF Co., Ltd.; hereinafter “Defendant Company”) and Defendant D is the representative director of the Defendant Company who was in office from January 2, 2006.

B. On July 16, 2007, between the Plaintiffs and Defendant D and the Defendant Company, a contract with the following terms and conditions (hereinafter “instant contract”) were concluded:

A: Defendant Company A, Defendant D: The amount of investment invested in the Specialized Construction Financial Cooperative in the establishment of Plaintiff B and Plaintiff A, office rent, office fixtures and facility expenses, expenses for the establishment of a company, etc. is KRW 100 million, and the said KRW 100 million is owned by Party B.

(Article 1). Upon the request of B for the above KRW 100 million, A shall be disqualified as shareholder of B when the price is paid, and shall be transferred free of charge to a person designated by A.

(Article 2). On June 30, 2007, the details of the contract prior to the date of June 30, 2007, Gap paid KRW 100 million to Eul by September 30, 2007.

(Article 3). In addition to the above 8 sites, 3% of the amount deposited after the delivery of the construction cost under the contract (excluding VAT) shall be promptly paid to B.

(A) Article 4. (A) of the Agreement shall consider the payment already made to B at the time of allocation of the surplus as a dividend, and shall not make any further demand for distribution.

(Article 7). (c)

On September 9, 2009, Defendant D donated to Defendant E, the only property owned by himself, the real estate indicated in the separate sheet (hereinafter “instant real estate”) to Defendant E, the wife, and completed the registration of ownership transfer under Defendant E’s name as the Gyeyang Registry of the Incheon District Court No. 51935 on September 10, 2009.

[Ground for Recognition: Facts that there is no dispute or is not clearly disputed; Gap evidence Nos. 1, 2, and 3; Eul evidence Nos. 1, 2, and the purport of the whole pleadings]

2. Agreement between the defendant company and the defendant D.