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(영문) 대전지방법원 2017.06.20 2016가단211597
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 36,375,660 won and each year from May 30, 2017 to June 20, 2017.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company aimed at manufacturing and wholesale and retailing health foods, cosmetics, etc., and Defendant C is the representative director of the Defendant Company.

B. On August 24, 2012, the Plaintiff and the Defendants: (a) acknowledged that the Defendant Company had a debt of KRW 90 million with the Plaintiff as of August 24, 2012; (b) concluded a notarial deed (No. 9097 of the Notary Deed, No. 2012, Feb. 24, 2013, and August 24, 2013, that the Defendant Company paid the said debt in installments each of which is KRW 45 million (20% per annum); (c) Defendant C jointly and severally guaranteed the said debt of the Defendant Company; and (d) in the event that the Defendants failed to perform the said debt, the Plaintiff signed a notarial deed with the purport that the Defendants did not immediately object to compulsory execution (No. 9097 of the Notary Deed, 2012).

C. On March 2, 2013, the Defendants paid to the Plaintiff KRW 15 million, which is part of the amount of debt in the said notarial deed, and drafted a written agreement between the Plaintiff and the Plaintiff as follows (hereinafter “instant agreement”). The Plaintiff returned the said notarial deed to the Defendants.

1. Defendant C shall pay KRW 15 million to the Plaintiff with the purchase price of shares in E’s name.

2. The plaintiff returns the notarial deed concluded with the defendant C to the defendant C.

3. The plaintiff has cancelled the seizure of various shares of the defendant company (720 shares of general shares, 360 shares of preferential shares) in the name of E, and the defendant C shall additionally pay 75 million won and purchase E shares in the name of E.

Payment shall be made not later than August 24 as specified in the notarial deed.

On July 26, 2012, the director of the Daejeon District Tax Office attached all the shares of the Defendant Company E on the grounds of delinquency in taxes such as global income tax and value added tax, and notified the attachment to the Defendant Company around that time.

E. On October 26, 2015, the Plaintiff sent to the Defendants a share transfer statement stating the Defendants’ intention of transfer of shares.

F. Meanwhile, as of May 10, 2017, seizure of E’s stocks is KRW 38,624,340.

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