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(영문) 서울동부지방법원 2018.11.16 2018가단111701

약정금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 55,159,40 and each year from April 1, 2015 to July 19, 2018.

Reasons

1. Facts of recognition;

A. Defendant D and Defendant B agreed to divide the Plaintiff Company and Defendant C (hereinafter “Defendant Company”) into a partnership business on January 29, 2014 for engineering projects in the field of civil engineering, and agreed to divide the Plaintiff Company’s shares and management rights into D. The Plaintiff Company’s shares and management rights, as well as the Defendant Company’s shares and management rights belong to Defendant B, and prepared an agreement dividing the two companies’ projects, staff and books, real estate, etc. (the above agreement or agreement “instant agreement”), and the obligations and obligations owed by Defendant E under the agreement are jointly and severally liable by the Plaintiff Company and the Defendant Company.

In addition, with respect to real estate in the name of the plaintiff company, it is confirmed that the apartment of this case is owned by the defendant B.

② As to the office of this case between H building I and Jho Lake, Defendant B would purchase 50% of the shares of H and own the entire shares.

(3) Detailed matters concerning them shall be added separately.

2. It shall be separately determined by a real estate division agreement (attached Form);

In the above separate agreement, Defendant B bears the tax, public and private charges, charges, etc. incurred by the apartment of this case, and Defendant B pays 50% of the value calculated by subtracting the loan balance of KRW 450 million from the total value of KRW 1.425 million in the value of KRW 555 million in the office of this case, and the transfer tax (corporate tax) imposed on the Plaintiff Company according to the disposition of the office of this case shall be borne by Defendant B and Defendant B, respectively.

B. However, after the instant agreement, there was an exchange of opinions on the modification of the agreed terms and conditions between D and Defendant B on November 2014, and there was a difference in opinions in the process. However, with respect to the reversion of five units of the instant office, the cash settlement amount is, instead of maintaining one unit of J as owned by the Plaintiff company, instead of maintaining one unit of the units of the instant office.