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(영문) 대구지방법원 2017.06.29 2016가합207106
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was employed by Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”) on or around October 2013 and worked as the vice president of the strategic planning division. The Defendant is the representative director of the said Nonparty Company.

B. As of October 2, 2013, between the Plaintiff and the Defendant, a written contract between the Plaintiff and the Defendant that the Plaintiff shall pay 10% of the funds to the Plaintiff as commission if the Plaintiff, as security of 500,000 shares of D Co., Ltd. owned by the Defendant, is attracting funds from financial institutions, etc.

C. After that, on March 7, 2014, the Plaintiff concluded a contract to underwrite convertible bonds between the non-party company and the new capital company on the security of the said shares, thereby allowing the non-party company to receive KRW 3 billion from the above new capital.

In addition, on September 19, 2014, the Plaintiff made the above shares to enter into a bonds with warrants issued by the non-party company between the non-party company and the related investment securities company, thereby allowing the non-party company to pay KRW 1 billion for the acquisition price from the aforesaid securities.

On August 30, 2014, the Plaintiff sold 585,216,00 won (=57,600 shares x 10,160 won per share) totaling 57,600 shares of Nonparty Company’s common shares owned by it to the Defendant.

E. On the other hand, on August 30, 2014, the Defendant drafted a written agreement stating that “The Plaintiff shall purchase KRW 57,600 (the face value of KRW 500) of C shares at KRW 585,216,00,00. The Defendant shall give priority to cashing through options. 414,80,000 shall prepare and pay a contract under the pretext of fees, etc. at the time of handling options.”

F. On September 17, 2014, the Defendant issued and delivered a monetary lending contract stating that the Plaintiff borrowed KRW 585,216,000, which is the same amount as the above share price, to the Defendant on August 30, 2014 under the title of “money lending and borrowing contract” to the Plaintiff.

G. The Defendant on September 17, 2014

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