약정금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. Text of the judgment of the court of first instance;
1. The Plaintiff initially claimed the Defendants in the first instance trial, ① as part of the agreed amount under Article 2 subparag. 2 of the Strategic Business Agreement concluded by the original and the Defendant (hereinafter “instant contract”), KRW 50 million, and KRW 50 million as part of the profit of 2014 under Article 2 subparag. 4 of the same Act, and ② as the conjunctive claim for damages due to nonperformance of obligation, the conjunctively joined each of the above amounts.
After that, the plaintiff in the appellate trial fully withdraws a claim for profit and a preliminary claim in 2014 among the main claims, and extended the claim for the agreed amount under Article 2 subparagraph 2 of the contract of this case to KRW 100 million. The scope of the trial on the case is limited to the plaintiff's claim for the agreed amount against the defendants.
2. Basic facts
A. On July 10, 2012, the Plaintiff entered into the instant contract with the Defendants with respect to the establishment of D Co., Ltd. (hereinafter “D”) as follows.
Article 2 of the Strategic Work Agreement (Terms and Conditions of Contracts)
1. The Plaintiff and Defendant B, who strategicly establish the non-party company (Defendant C50%, Plaintiff 40%, and G 10% of equity shares), shall endeavor to promote mutual benefits as a right holder with respect to business operations and orders other than Indomination and class block, and the Plaintiff shall endeavor to promote mutual benefits as a right holder with respect to this Decree, including financial affairs.
2. Defendant B redeems the Plaintiff in cash the amount of KRW 100 million invested capital at the time of incorporation of the non-party company up to December 30, 2012.
4. Defendant B shall ensure that the Plaintiff gains an annual net profit of KRW 1 billion from 2014 to 2026 (12 years).
Article 3 [Period and Termination of Contract)
2. The plaintiff may terminate the contract where the defendant B violated the Article 2 [the content of the contract].
4.In the event of a violation of Article 2 (Contents of Contract) 2. The defendant C shall be jointly and severally liable for the reimbursement of the amount and the civil and criminal liability in the event that the amount has not been refunded.
B. Defendant B is for the non-party company from the end of November 2012.