beta
(영문) 인천지방법원 2020.01.16 2019가단12632

각서금

Text

1. The defendant shall pay 45 million won to the plaintiff and 12% per annum from June 14, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. From June 15, 2016 to March 24, 2017, the Plaintiff served as the president of the C Union (hereinafter “instant union”).

The association of this case operated D clinics, Ebbys, and F dental clinics, and each business registration was registered as the representative of the Plaintiff’s individual.

B. The defendant, at the discretion of the plaintiff, was appointed as the chief director of the union of this case, but was temporarily employed as an acting representative without being registered.

The Defendant began to operate each of the above hospitals after being transferred from the Plaintiff, and the name of the business operator was not changed to the Defendant and continued to remain in the future of the Plaintiff.

C. Around November 2017, H, which operated the G Association, acquired the D Council members and E-Korean Council members (hereinafter “each of the instant hospitals”) from the Defendant who performed the duties of the instant Association on behalf of the Defendant.

On April 24, 2018, the Defendant and H drafted and certified a performance memorandum as follows (hereinafter “instant letter”) and delivered it to the Plaintiff.

1.Each letter B (on behalf of the Chief Director of the previous CUnion, current D Council members and Han Council members) shall be liable and paid 40 million won and 5 million won of the amount due and payable from A due to the obligation and obligation arising from the transfer and acquisition by transfer and acquisition by transfer and acquisition by transfer.

2. Each letter H shall be held responsible for and settled the amount to be additionally paid by G Association (president H) in the course of transfer and acquisition between C Association and G Association.

E. On October 19, 2018, from the Incheon District Court case 2017Gahap61019 (hereinafter “related case”), which was filed by the Plaintiff against the instant association on November 2017, the judgment was finalized as it is, “(i) the procedure for the registration of the resignation of the president for the reason of resignation on March 24, 2017, and the procedure for the registration of the resignation of the director for the reason of resignation on April 25, 2017, and the registration of the resignation of the director for the reason of resignation on April 25, 2017, and (ii) return the Plaintiff’s investment KRW 10 million due to the Plaintiff’s withdrawal from the association, and pay damages for delay.”