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(영문) 광주고등법원 2019.07.19 2018나22908

청구이의

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff A, the Defendant, E, F, and G jointly operated the instant club “I” located in Gwangju Dong-gu H (hereinafter “instant club”). At the time, Plaintiff A owned 18% of the entire shares of the instant club, the Defendant 29%, the E 20%, the F 17%, and the G 10% of the total shares.

Plaintiff

B is the leakage of the Plaintiff A.

B. On May 25, 2016, the Plaintiffs entered into an agreement with the Defendant to adjust the obligation and obligation arising from the operation of the instant club (hereinafter “instant agreement”) with the following terms and conditions (hereinafter “instant agreement”).

The defendant and the plaintiffs (the plaintiff Eul is the principal debtor and the plaintiff Eul is jointly and severally liable) enter into the following agreements with respect to the method of repayment of claims and obligations between the defendant and the plaintiffs (the plaintiff Eul is the principal debtor and the defendant jointly and severally liable) using the KS, J, S land and the above five-story building on the ground (hereinafter "real estate"):

:

1. The Defendant’s debt settlement standards for the instant club related to the Plaintiffs are the aggregate of the following:

① The amount equivalent to the Defendant’s club shares (29%) (2) KRW 200 million in total, which was paid by the Defendant on April 8, 2016 to the Defendant for the Plaintiffs related to the club, (3) KRW 50 million in total, and KRW 50 million in total, which was paid by the Defendant on May 24, 2016, and received from the Defendant on the day of this Agreement.

2. Subject to the condition that the Plaintiffs pay to the Defendant KRW 386 million by July 5, 2016, the Plaintiffs and the Defendant shall complete the liquidation of the said obligations by the following methods:

① Under this agreement, the Defendant transfers all the shares of the Defendant’s club to the Plaintiffs, and the Plaintiffs are to transfer their own real estate to the following persons (L) designated by the Defendant for a mutually agreed real estate value of KRW 1.25 million.5 billion.

② The Plaintiffs provide the Defendant with security for transfer at the same time as this Agreement provides the share of acquisition under the above paragraph (1) as well as this Agreement (which shall be delivered to the Defendant by means of a notarial deed or notarial deed relating thereto).