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(영문) 인천지방법원 부천지원 2018.02.09 2017가합101354
약정금
Text

1. Of the instant lawsuit, the amount of KRW 3 million shall be paid from February 20, 2018 to February 20, 2020 on the 20th of each month.

Reasons

1. Basic facts

A. (1) On February 20, 2014, the Plaintiff entered into the instant agreement, etc.) on the ground that he/she is a shareholder or representative director of his/her father C on February 20, 2014, and for the purpose of manufacturing and selling the mergment, etc. (hereinafter “D”).

(2) On January 16, 2015, the Plaintiff entered into a contract of transfer with the Defendant to transfer all D shares owned in the name of C and all assets to the Defendant. On February 1, 2015, the Plaintiff entered into a contract of transfer with the Defendant with respect to the method of paying the acquisition price, etc., as follows:

(A) No. 3, 2000 won shall be paid to the Plaintiff on January 16, 2015, and the remaining KRW 100 million shall be paid to the Plaintiff upon completion of the settlement of accounts in 2014.

2. The defendant shall pay to the plaintiff a monthly wage of KRW 3 million for the next five years.

The monthly salary of the corresponding month was paid on the 20th of the following month.

3. The defendant shall pay the card price and automobile maintenance cost to the plaintiff.

(The text and text of the agreement did not specify but the defendant recognized that the sum of card prices and automobile oil prices to be paid every five years on the last day of each month shall be paid every five million won. The plaintiff asserted that the plaintiff agreed to pay the oil price separately in addition to the payment of the card price by 2 million won per month, but it is not sufficient to recognize the fact of the agreement by only the descriptions of the card Nos. 4 and 10 alone, and there is no other evidence to acknowledge this otherwise.

4. At the completion of the settlement of accounts in 2014, bill guarantees shall be issued and offered to the large forest trade as security.

(E) 5. The defendant shall pay 1.3.5 million won interest on the plaintiff's community credit cooperatives, Han Bank, and F until the plaintiff's principal is repaid.

(2) 6. The defendant will replace the plaintiff's motor vehicle(s) at the present level after two years.

3) On January 16, 2015, the Defendant began to operate D on February 1, 2015, by taking office as a internal director, and around that time, made payment to the Plaintiff on the date and time according to the instant agreement.

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