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(영문) 서울중앙지방법원 2015.07.15 2015가합10696

약정금

Text

The defendant shall fully pay to the plaintiff KRW 634 million and KRW 550 million among them from February 10, 2015.

Reasons

1. Basic facts

A. During the period from around 2008 to 2009, the Plaintiff invested or lent KRW 550 million (hereinafter “instant investment, etc.”) to the Defendant as operating capital of C Co., Ltd. (hereinafter “C”) operated by the Defendant (hereinafter “instant investment, etc.”).

B. The Plaintiff acquired 50% of C’s shares in the process of making the instant investment, etc., and assumed office as C’s representative director and internal director on December 10, 2009.

C. On March 19, 2010, the Plaintiff and the Defendant settled the principal of the instant investment, etc. at KRW 550 million, and the Defendant shall pay to the Plaintiff 2% interest on the said money and the said money by the time of repayment, and as a detailed repayment schedule, the Defendant shall pay to the Plaintiff KRW 316 million until September 30, 2010 (the principal amount of KRW 250 million) and KRW 318 million until December 30, 2010 (the principal amount of KRW 66 million) and KRW 318 million (the principal amount of KRW 30 million) to the Plaintiff. The Plaintiff agreed to transfer all the stocks owned by the representative director and the director of C to the Defendant (hereinafter “instant agreement”).

On March 22, 2010, the Plaintiff resigned from the representative director of C, and the Defendant was appointed as the representative director of C on the same day.

At that time, the Plaintiff transferred all C’s shares that it had to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 3, purport of the whole pleadings

2. According to the facts established prior to the determination of the cause of the claim, barring any special circumstance, the Defendant agreed to the Plaintiff with respect to KRW 634 million ( KRW 316 million in total) and the principal amount of KRW 550 million in accordance with the instant agreement, as the initial date of calculating damages for delay claimed by the Plaintiff, which is obvious from February 10, 2015 to the date following the delivery date of the original copy of the instant payment order.