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(영문) 울산지방법원 2017.07.11 2015가단60497
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Plaintiff A is the E’s former representative member of Limited Partnership D, and Plaintiff B is the partner with limited liability of Limited Partnership D, respectively, as the female members of Limited Partnership D, and the Defendant becomes the general partner with unlimited liability when acquiring the shares of Limited Partnership D from E on November 18, 2013.

B. On November 18, 2013, E entered into a contract with the Defendant for the transfer of 20% shares of limited partnership D (hereinafter “instant contract”) between E and the Defendant. The key contents are as follows.

Contracts for Transfer of Limited Partnership Company

1.E shall transfer to the Defendant 20% of the D shares in a limited partnership company owned by E to KRW 340,000 ( KRW 340,000).

2. The defendant shall pay 340,000,000 won per gold day to E.

3. E shall pay KRW 340,000 ( KRW 340,000,00) for KRW 330,000,000 to the representative members of the limited partnership company D in funds for the operation of the company.

4. E shall succeed to the representative staff to the Defendant.

5. The defendant shall be appointed to E as the president of the limited partnership company with the honorable treatment of the former representative members.

(1) With respect to honorable treatment for the chairperson, a person designated by the chairperson or the chairperson shall be paid for the benefit of KRW 4,000 ( KRW 4,000,000) equivalent to the amount of actual receipt each month, and shall use a card equivalent to KRW 1,00,000 ( KRW 1,00,000) for the payment of the sales contribution.

6. If the monthly sales of the company exceed 600,000,000 won, the Defendant’s release of the secured goods provided for the company E shall be the period of the Defendant’s release, and the Defendant shall provide separate security, but the time of the Defendant’s offering of security shall be six months’s time limit.

7. The defendant, who is a new representative member, shall pay one half 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.

except that;

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