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(영문) 부산지방법원 동부지원 2018.10.17 2017가합102951
약정금
Text

1. As to the Plaintiff’s KRW 390 million and KRW 330 million among them, Defendant C shall be from June 19, 2014 to June 12, 2017.

Reasons

1. Facts of recognition;

A. On July 1, 2009, Defendant C’s related parties completed the registration of “E” under the name of “E” and operated Kwikset Service Business. Defendant B was a relative of Defendant C, who was employed in the above company around October 2010, and F was the father of Defendant B.

On April 17, 2012, Defendant C established G Co., Ltd. (the Plaintiff and the Defendants reached “H” and completed registration as the representative director, since both the Plaintiff and the Defendants did not reach the “H”).

B. The Plaintiff’s investment in Defendant C and the agreement between the Plaintiff and the Defendants 1) made an investment in Defendant C with the introduction of F, which was known to the general public, and transferred KRW 100 million to H corporation on November 7, 2012. (2) Defendant C borrowed KRW 1.3 billion from the I Co., Ltd (hereinafter “I”) as security five business telephone numbers and management rights used by the said company while operating H corporation. As a result, Defendant C borrowed KRW 1.3 billion from the I Co., Ltd. (hereinafter “I”). At the latest time, I decided to operate the H corporation directly.

3) Accordingly, the Defendants and F asked the Plaintiff to resolve the problem, and the Plaintiff intended to recover management rights from I with financial support. Accordingly, on June 18, 2014, the Plaintiff, the Defendants, and I concluded an implementation agreement as follows and drafted a certificate on June 19, 2014 (No. 1187 of the Jhap-dong Office). The main contents of the agreement are as follows.

1. The total amount to be repaid to A is KRW 1.32 billion and interest at least 3% per annum until the completion date of reimbursement.

2.A reimbursement shall be completed to A by the following day of this Agreement in the amount of KRW 30 million among the above amounts.

3. Eul shall offer to Gap a security of at least 60 million won within one week from the date of the preparation of this Agreement.

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