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(영문) 대전지방법원천안지원 2019.04.24 2017가단113286

구상금

Text

1. The plaintiffs' claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. Around 2008, Defendant D, C’s general partner, joint representative partner, Defendant E and Plaintiff A were registered as a limited partner, and Plaintiff B’s limited partner.

B. The Plaintiffs and the members of the 26 employee shares of the non-party company filed a lawsuit against Defendant C and D seeking a declaration of the forfeiture of the right to work performance against Defendant C and D as the Daejeon District Court Branch Branch 2016Gahap893, and the above court rendered a judgment of accepting the claim on February 14, 2008.

On October 27, 2008, Defendant C and D appealed, and the appellate court (Seoul High Court 2008Na3174) rendered a decision in lieu of the following conciliation as to the above parties and the Intervenor E, and the above decision became final and conclusive around that time.

(hereinafter “instant compulsory adjustment decision”). 1. The Plaintiffs jointly and severally paid to the Defendants KRW 1.455 billion, and among them, KRW 750 million shall be paid until May 31, 2009, and the remainder KRW 700 million shall be paid until September 30, 2009.

2. The plaintiffs confirmed that the claim for withdrawal against the remaining amount of the deposit No. 1176 of the Daejeon District Court Decision 2003 was against the defendants, and cooperate in the withdrawal of the defendants.

3. The Defendants received KRW 750,000,000 as stated in paragraph (1) and, at the same time, transferred all shares of the Defendants against the non-party company to A to the Plaintiff, and implement the procedures for the registration of resignation based on such transfer, and the Plaintiffs agree to the said transfer of shares.

4. Of loans to Nonparty Company G Co., Ltd. (hereinafter “G”), the part exceeding KRW 60 million is liable and repaid by the Defendants.

(Plaintiffs may, in paying KRW 750 million as stated in paragraph (1), pay KRW 750 million after deducting the amount exceeding KRW 60 million out of the loans to Nonparty Company G as of May 31, 2009. The Defendants, in addition to the loans to the above G Co., Ltd., shall be the non-party company.