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(영문) 울산지방법원 2018.07.12 2017나22803
약정금
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

In light of the above legal principles, the defendant's act of offering security should be limited to a period of six months. The defendant's act of offering security should be limited to a period of six months.

7. The defendant, who is a new representative member, shall pay 1/2 of the wages paid by the former representative member to shareholders other than E and the defendant.

8. The above contract is concluded when E and the defendant signed and commissioned as a new representative member, and E will not interfere with the management of the defendant after the contract is concluded.

Provided, That the corporation shall have the authority of inspection.

9. The defendant shall give priority to repayment to the company after the company's management was half of it in black, and after the company's management was provided to E.

The method of repayment shall apply to interest without interest, and the time of repayment and repayment shall be determined in consultation with the defendant.

10.F Loan 100 million won shall be deposited in D when 10 per cent of the shares held by E are sold, and repaid to F, and the amount of sale shall be arranged as E’s provisional receipts.

* For reference, KRW 109,799,807,00 as of October 30, 2013

B. On November 18, 2013, E entered into a limited partnership agreement with the Defendant that transfers 20% of its own shares in D to the Defendant (hereinafter “instant transfer agreement”) to the Defendant, and its content is as follows.

C. On November 29, 2013, E entered into a limited partnership agreement to transfer the remaining 10% shares to the Defendant at KRW 170 million, and the Defendant was registered as a representative member and a general partner of D on December 3, 2013.

From January 2014, the Defendant has received monthly salary from Plaintiff A and Plaintiff B, a partner with limited liability designated by E pursuant to paragraphs (5) and (7) of the instant transfer contract, and paid E credit card payment.

E. However, there was a dispute over the implementation of the transfer and takeover contract of this case between E and the plaintiffs and the defendant, and the management right of D from April 2015 to E are above the defendant.

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