약정금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff is a person who has operated wholesale and retail business of agricultural products under the trade name of E, and the Defendant is an internal director of D Co., Ltd. (hereinafter “D”) established for the purpose of managing materials and supplies of golf courses, such as pesticides and fertilizers (hereinafter “D”), who holds 50% of the issued stocks of D and substantially manages D.
B. On June 19, 2012, the Plaintiff entered into a contract for the distribution of profit from the sale of seedlings with C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) and agreed to pay KRW 1,000 per share to the Plaintiff the profit earned by Non-Party Co., Ltd from the sale of seedlings in return for the Plaintiff’s propagation and management. As of March 13, 2014, the Plaintiff’s debt to the Plaintiff of the Non-Party Co., Ltd is KRW 134,67,643.
C. On January 2014, the Plaintiff and the Defendant established an agricultural company FF Co., Ltd. (hereinafter “F”) for the purpose of proliferation and distribution and sales business of Blulue. Of total issued stocks at the time of establishment, the Defendant owned 9,00 shares (90%) and 500 shares (5%) between the Plaintiff and G, respectively. The Plaintiff and the representative director, and the Defendant assumed office as the director, respectively.
Around February 2014, the Defendant lent KRW 40 million to the Plaintiff. The Plaintiff lent KRW 20 million to the Nonparty Company with his own money deposited in the said borrowed loan, and the Plaintiff lent KRW 60 million to the Nonparty Company. The Nonparty Company paid KRW 60 million to the court deposit.
E. On April 2, 2014, D and Nonparty Company entered into a contract for acquisition and merger of Nonparty Company (hereinafter “instant contract for acquisition and merger”) (the part relating to the instant case in the terms and conditions of this contract is as follows), and D had F use the business rights and other rights acquired under the said contract for acquisition and merger.
Accordingly, the plaintiff takes office as the representative director of the non-party company, while the non-party company is above F with F.