(영문) 수원지방법원 2016.07.07 2015나14874

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(영문) 수원지방법원 2016.07.07 2015나14874

약정금

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1. Of the judgment of the court of first instance, the part against the defendant B in excess of the money ordered to be paid below shall be cancelled.

Reasons

1.The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 to 3, and 12 to 17 (including each number), by integrating the whole purport of the pleadings:

The Plaintiff owned all the shares of the Defendant Company (former: D Co., Ltd.), while running the Defendant Company on February 19, 2013, agreed to transfer all the Plaintiff’s rights to the Defendant Company to Defendant B, and drafted an agreement containing the following (hereinafter “instant agreement”).

In preparing the instant agreement, the Plaintiff and the said parties are referred to as “A” in transferring or taking over the Defendant Company, and the assignee Defendant B referred to as “B” and sign and affix their seals and seals as follows.

1. In transferring all the shares of the Defendant Company to B, Party A shall transfer 100% of the shares of the trade name and representative change to provide all the documents for the registration of change.

2. Eul shall provide the above corporation’s acquisition cost with food materials to the Seoul Medical Center, the National Assembly’s Welfare Council, and E-child care center contracted as the above corporation with good faith and with the total amount of its profits as at least 3 million won per month determined as at 6% of the total amount of its supplies.

C. The agreement entered into between the Defendant B is “instant agreement”

B. Meanwhile, Article 2(2) of the instant agreement refers to the Seoul Medical Center and the National Assembly’s Welfare Committee (hereinafter “National Assembly”).

(2) The Plaintiff and Defendant B indicated that Defendant B’s service provider agreed to pay part of the profit to the Plaintiff only at the three childcare centers, but the Plaintiff and Defendant B are the National Funeral Center of the National Foundation (hereinafter “General Hospital”).

The Do also agrees to pay the profits under Article 2 of the instant agreement.

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