(영문) 광주지방법원 2017.01.24 2016가단517903

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.01.24 2016가단517903

약정금

Text

1. As to the Plaintiff KRW 100,000,000 and its KRW 50,000 among them, the Defendant shall start on July 16, 2015, and the remainder of KRW 50,000.

Reasons

1. Basic facts

A. On July 21, 2014, the Plaintiff concluded an investment agreement with the Defendant to invest in the new construction business of rental housing in the brand of approximately KRW 3,000, D, which was around KRW 3,000 of the Seoul Won-gun, Jeonbuk-gun.

(No. 1). The main contents are as follows:

The defendant transferred 10,00 shares to the plaintiff according to the above investment agreement.

(1) The Defendant shall pay 300,000,000 won of the principal and the profit of 300,000,000 won in return for investment, as the principal and the profit of 300,000,000 won in two times, on July 22, 2014 and August 30, 2014, for the instant project, the Plaintiff shall first register the Plaintiff as an executive officer of the Defendant, and distribute 20,000,000 out of the Defendant’s shares.

B. Unlike the above investment agreement, the Plaintiff paid 150 million won to the Defendant.

However, around May 2015, the Plaintiff and the Defendant drafted a written agreement with the following contents:

(Nos. 2 and 3, hereinafter referred to as “instant agreement”). The defendant and the plaintiff agree to the agreement as follows:

1. The Defendant shall return on June 18, 2015 KRW 100,000,000 out of the Plaintiff’s investment amount of KRW 150,000,000.

2. The Defendant shall return the Plaintiff’s balance of 50,000,000 won to June 30, 2015.

3. The Plaintiff is to resign from the Defendant’s director at the same time with the return of the investment amount under the above 1 and 2.

4. By September 30, 2015, the Defendant shall pay to the Plaintiff KRW 100,000,000 with the investment profit.

5. The Plaintiff’s investment profit shall be regarded as the transfer amount of 10,000 shares owned by the Defendant, and the transferee of shares shall later notify the Plaintiff separately.

C. The Defendant paid to the Plaintiff KRW 200 million out of KRW 250,000,000 according to the instant agreement, and did not pay KRW 50,000,000 out of the remainder of the investment profits.

On the other hand, on July 16, 2015, the Plaintiff remitted KRW 50,000,000 to the former representative director E, and on July 17, 2015, the following day.

유사 판례

-광주지방법원 2017.01.24 2016가단517125

-광주지방법원 2017.11.14 2016가단527900

-춘천지방법원원주지원 2014.02.18 2013가단34050

-광주지방법원 2018.11.23 2018가단511978

-춘천지방법원 2017.04.06 2016가단5545