beta
Text
1. Certificates No. 291, 2016, drawn up by the Defendant’s notary public against the Plaintiff on March 30, 2016.
Reasons
1. Basic facts
A. On March 7, 2016, the Defendant concluded a contract for business transfer and acquisition (hereinafter “instant contract for business transfer”) with the Plaintiff and D (hereinafter “Plaintiff, etc.”) designating C’s operating rights, business rights, holding assets, etc. as KRW 370,000,00, as one shareholder and representative director of C Co., Ltd. (hereinafter “C”) who are designated by the Ministry of Labor as vocational skills development training facilities and conduct occupational ability development training (hereinafter “C”).
B. After that, while the Defendant renewed a lease agreement with the lessor for the three floors of the Ma-gu Incheon Metropolitan City, Sungnam-si, with which C is located, the Defendant paid the lease deposit amounting to KRW 20 million. The Plaintiff et al. paid the increased amount of KRW 20 million to the Defendant additionally.
Accordingly, on March 30, 2016, the Plaintiff et al. issued to the Defendant a promissory note with the Plaintiff on April 30, 2016, which contains the purport of recognizing compulsory execution as a digital law firm No. 291 on March 30, 2016, when paying the above increased deposit amount of KRW 20 million to the Defendant on April 30, 2016.
C. On April 5, 2016, the Defendant, the Plaintiff, etc., settled the revenue and expenditure incurred until March 31, 2016 with respect to the settlement of accounts, such as business transfer and training expenses under the instant contract for the transfer of business, and the Plaintiff, etc., decided to settle the revenue and expenditure incurred after April 1, 2016.
(hereinafter “instant settlement agreement.” Accordingly, the settlement amount that the Plaintiff et al. shall pay to the Defendant is KRW 31,823,338, including the above increase deposit, and the settlement amount that the Defendant shall pay to the Plaintiff is KRW 18,581,122, and the specific details are as listed below:
Therefore, the plaintiff should pay to the defendant an additional amount of KRW 13,242,216.
The defendant shall make the above notarial deed against the plaintiff.