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(영문) 서울중앙지방법원 2015.04.23 2014가합567188
약정금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. F is the father of the Plaintiffs. F is the Plaintiff’s father. From May 9, 2002 to March 31, 2003, and from March 31, 2003 to September 1, 2004, G Co., Ltd. (hereinafter “G”).

The director and the representative director of the company, from June 20, 2006 to August 4, 2006, from December 11, 2006 to June 13, 2007, and from March 6, 2007 to June 13, 2007, were in office as the representative director. In addition, F is Defendant E Co., Ltd. (hereinafter “Defendant E”).

(2) Defendant D Co., Ltd. (hereinafter “Defendant D”)

2) H served as the representative director of G from December 11, 2006 to June 13, 2007.

B. 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

G) Around March 2007 agreement with F on the transfer of supervision performance (hereinafter “instant contract on the transfer of supervision performance”) with G where H was in office as a representative director.

(2) The Defendant C and G drafted on April 2, 2007 a written agreement on the transfer of the supervision of the instant case as No. 0048 on April 2, 2007, with respect to the agreement on the transfer of the supervision of the instant case, “Defendant C shall take over the total supervision of G (710,000 square meters) at KRW 2.1 billion.”

On April 11, 2007, Defendant C transferred KRW 210 million out of the above transfer price to G account in the name of G.

3) However, on April 19, 2007, the amendment of the relevant law makes it difficult to transfer or take over the supervision performance itself, and Defendant C and G announced on April 19, 2007 that “A creditor and shareholder who have an objection to a merger by absorbing G is a shipment order.” As to this, Plaintiff A reported the unpaid rent claim amounting to KRW 402,063,185 in G on May 18, 2007. G departmentF, and Plaintiff A drafted a written agreement to determine the unpaid rent amount of KRW 460,000,000 and settle it.4) The transfer proceeds of the supervision agreement of this case are the transfer proceeds of G.

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