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(영문) 부산지방법원 2015.01.29 2013가합20482

약정금등

Text

1. The Plaintiff within the scope of the property inherited from F:

(a) Defendant B shall pay for KRW 33,33,33 and objection thereto.

Reasons

1. Determination as to the claim for agreed amount

A. Comprehensively taking account of the overall purport of Gap evidence 2-1, 2, Gap evidence 4, Eul evidence 7, Eul evidence 4, Eul evidence 4, and Eul evidence 4, F, G, and H agreed to establish a company engaged in the manufacturing of steel structure on January 30, 2012. The expenses for the establishment of the company were to be fully invested by F, F, G, and H decided February 9, 2012 with the representative director as the representative director, F, and H as the director, and the plaintiff was established on February 1, 200 among the plaintiff's total shares of 10,000, G 4,700, and H owned 60 shares by 30,00 shares, and H agreed to pay to the plaintiff on July 20, 2013 as Busan Family Court's consent to 201, 301, 201, 301, 201, 2013.

According to the above facts, F is obligated to pay to the Plaintiff the agreed amount of KRW 100 million and delay damages. The Defendants, the inheritors, are obligated to pay the Plaintiff the agreed amount of KRW 33,333,333 won (=100 million x 3/9 shares, less than KRW 3/9), Defendant C, D, and E, respectively, to the Plaintiff within the limit of inherited property inherited from F, and to pay damages for delay to the Plaintiff.

B. As to the determination of the Defendants’ assertion, the Defendants asserted that the F’s obligation to pay KRW 100 million was an investment obligation arising from the partnership relationship between F, G, and H and that the F was deceased, and that the said obligation is not inherited by nature. However, the Plaintiff, a stock company, died after February 9, 2012, and the F was to pay KRW 100 million to the Plaintiff under the pretext of investment in the establishment of a company under a separate agreement.