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(영문) 부산지방법원 2017.04.26 2016나8715
약정금
Text

1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

In the judgment of the court below, the plaintiff claimed the contract amount as the principal lawsuit, and the defendant claimed the confirmation of existence of the obligation as the counterclaim. The court of first instance dismissed the plaintiff's claim on the principal lawsuit and accepted the defendant's claim on the counterclaim.

Therefore, since only the plaintiff appealed against this issue, this Court's judgment is limited to the plaintiff's claim for the contract amount.

2. Basic facts

A. The Defendant is a company established on February 26, 2010, and the Plaintiff served as the Defendant’s representative director from March 9, 2010 to October 21, 2010.

1) The Plaintiff transfers 60% of the Defendant’s shares to C, and ensure C’s management rights only during the statutory period. (2) C pays to the Plaintiff the amount of KRW 300,000 in cash (including the succession of KRW 300,000 in cash and KRW 100,000 in cash) in obtaining the rights under paragraph (1).

Down Payment Date: KRW 150,000,000 (Won 150,000,000) in the remaining amount on October 15, 2010: KRW 150,000,000 (Won 150,000,000) in October 25, 2010)* In the event that the Plaintiff was unable to repay loans 100,000,000 to the Credit Guarantee Fund, C shall immediately compensate the Plaintiff for the cash of KRW 100,00 in the event

C prepares and notarized a cash custody certificate of KRW 100 million to the Plaintiff.

3) From the time of the contract to the Plaintiff, C shall ensure that the Plaintiff is the president’s position for 10 years during the Defendant’s existence of the Defendant’s business, as well as 1 million won per month and 4 major insurance, and that the Plaintiff’s highest honorable treatment of the Plaintiff’s entry in the name of the newspaper B. 5) The Defendant’s obligations and wages, excluding the Plaintiff’s provisional payment, shall be settled by the Plaintiff at KRW 0 as of the time of the contract, and all obligations except

3) In the event that paragraph (3) is normally implemented, the Plaintiff does not claim the provisional payment. 8) C is able to continue without change in the conditions under paragraph (3) at the time of transferring the Defendant to another person and to another company.

B. On October 14, 2010, the Plaintiff entered into the following contract with C (hereinafter “instant contract”).

C. C is October 21, 2010.

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