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(영문) 서울동부지방법원 2017.09.21 2016가합279

매매대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,311,398 to the Defendant (Counterclaim Plaintiff) and the Plaintiff’s counterclaim from September 24, 2015 to September 21, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The defendant company is a company engaged in the wholesale business of alcoholic beverages and its incidental business in the East-gu Seoul Metropolitan Government, the East-si, and the Namyang-si.

Around 2006, the Plaintiff sold alcoholic beverages to the Defendant Company and served as an employee of the Defendant Company, but retired around 2008. On June 28, 2010, the Plaintiff again invested KRW 50 million in the Defendant Company, which acquired 10% of the shares issued by the Company, and was appointed as a registration director.

Around August 2010, the Plaintiff and the Defendant Company concluded a sales contract with the Defendant Company to transfer the liquor business rights, house fixtures, and credit sales to 110 business establishments located in Gangdong-gu Seoul Metropolitan Government managed by the Plaintiff to the Defendant Company at KRW 180 million, and the Plaintiff entered into a sales contract with the Defendant Company to the effect that the Plaintiff works as the employee of the Defendant Company (hereinafter “the instant sales contract”). The main contents are as follows.

1. The amount of transaction shall be KRW 180 million in daily amount;

2. The allowance shall be paid where the sales profit increase as the plaintiff actively engaged in his/her business activities;

- 30% of the sales profits exceeding 20 million won shall be paid.

3. The Plaintiff shall distribute within three months to the employees of the existing Defendant Company only for one of the customers of the Kim Jong-chul and Kim Bae vehicle.

may retire before the expiration of the period.

by December 31, 2010

4. The above amount shall be determined by the plaintiff's provisional deposit.

5. Only the case where the plaintiff retires, the above provisional payment can be claimed.

6. The Plaintiff shall not be directly or indirectly involved in the business for two years after his retirement.

7. The Defendant Company shall pay to the Plaintiff the sum of KRW 1 million (3.5 million prior to the tax year), ② Card (1 million won per month - Vehicle maintenance expenses, food expenses, and removal expenses), ③ interest on provisional deposit, KRW 6.3 million per annum.

8. The defendant company and the plaintiff shall faithfully perform the above matters and shall pay to the other party a penalty of KRW 100 million when the violation is committed.

3.