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(영문) 대전지방법원서산지원 2017.08.29 2016가단8789
약정금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 51,638,160 among the Plaintiff’s counterclaim and KRW 49,464,820 among the Plaintiff’s counterclaim, the Defendant (Counterclaim Defendant)’s KRW 51,638,160.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On January 6, 2009, the Defendant entered into an agreement on the transfer of a corporation between the Plaintiff and the Defendant and the Defendant, and the Defendant: C Co., Ltd. (hereinafter “C”) with the purpose of automobile sales agency and maintenance, etc.

C) established C. C. C. C. hereinafter “C. Slurler Korea Co., Ltd.”

(2) On April 28, 201, the Plaintiff concluded a transfer agreement with the Defendant on April 28, 201 with respect to the transfer of all of the Defendant and C Juristic Persons (including inside facilities and fixtures) and agreed to transfer 70% of the shares issued by C to the Plaintiff (hereinafter “instant transfer agreement”).

On May 201, the Plaintiff paid KRW 400 million to the Defendant the above transfer price, and around May 201, the Plaintiff paid KRW 100 million to the lease deposit when leasing land and buildings for the exhibition hall from the Defendant and the Defendant’s punishment.

3) From May 201 to October 201, the Plaintiff operated C, but thereafter did not participate in C’s operation. On February 14, 2012, the Plaintiff filed a lawsuit against the Defendant at the Daejeon District Court Seocheon Branch seeking the refund of transfer proceeds and lease deposit (the foregoing court 2012Gahap1378) by the Defendant’s cancellation of the instant transfer contract as it did not perform the procedure for the change of the name of representative director and the duty to transfer the sales rights based on the instant transfer agreement, and was sentenced to a judgment dismissing the Plaintiff’s claim on September 18, 2012. On September 27, 2012, the Plaintiff appealed the said judgment (Seoul High Court 2012Na5818) and the Defendant concluded an agreement with the following (hereinafter “instant agreement”) on March 12, 2013.

The main contents are as follows:

1. The Defendant shall pay the Plaintiff KRW 40 million up to December 31, 2014.

2.(a)

interest on the above amount (principal) shall be 4% per annum.

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