약정금
1. All of the plaintiff's claims are dismissed.
2. All the costs of lawsuit are assessed against the Plaintiff.
1. The basic facts of the claim: (a) on December 22, 2014, the Plaintiff established a non-party D Co., Ltd. with the business purpose of flame retardation and building material sales, etc. and managed it as the representative director until January 20, 2015; (b) on this basis, the Plaintiff, instead of transferring the stocks and the management right to the Defendant B, paid the Plaintiff a total of KRW 194,80,000 in installments; and (c) on July 31, 2015, the Defendant C prepared and sealed a document (Evidence 1) stating that “D Co., Ltd. and B acquired the stocks and the management right to the Defendant B are agreed to jointly and severally guaranteed by the Defendant B; and (d) from July 31, 2015 to November 2, 2015, the fact that the representative director of the said company was the parties to the dispute.
2. Judgment on the plaintiff's claim
A. As to the Plaintiff’s claim for the payment of the unpaid amount out of the amount agreed upon under the above transfer agreement, the Defendants defense to the effect that the Defendants subsequently agreed on the Defendants’ obligation against the Plaintiff to pay the Defendants’ obligation on behalf of the said company.
B. Therefore, around the beginning of November 2015, Defendant B transferred the management right of the above company to Nonparty E (However, the above E is merely a nominal representative director, and the actual management of Nonparty F was performed as the president). On November 2, 2015, Defendant B assumed office as a director of the above company on the part of November 2, 2015. ② around that time, the Plaintiff and the above F agreed upon the amount of unpaid payment (e.g., 94,405,780 won) out of the Defendants’ obligations to the Plaintiff by payment by installments until April 30, 2016, and the above E and F paid the penalty by 2% per month for delay. ③ Accordingly, the Plaintiff agreed to jointly and severally guarantee the obligation of the above company. Accordingly, the Plaintiff prepared the “written repayment” (e.g., evidence No. 4) as of February 2, 2016, and signed its name and affixed its signature and seal on the creditor’s name.