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(영문) 서울고등법원 2019.04.10 2018나2017240
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant have worked for the representative director or director of D Co., Ltd. (former trade name: E; hereinafter “D”) whose main purpose is to engage in convenience facility business using the military service, etc.

B. Around June 2003, the Defendant prepared and certified an agreement agreement between the Plaintiff and the Plaintiff as follows:

1) The Plaintiff is fully able to perform the project for development of the F Station, which is promoted by the Defendant, and has to do its best to normalize D. In normalization, the Plaintiff is entirely responsible for the work as a general manager throughout the entire management, such as corporate identification management and the arrangement of documents, etc. In order to normalize D. 2) When the F Station project is implemented in full scale, the Defendant is obliged to work as the representative director when the Defendant is holding the office of the F Station.

The plaintiff shall be determined and operated with the defendant in the management of D.

3) In the implementation and development of the F Station and C Station, the Plaintiff and the Defendant have to have divided all return rates into 50:50 in cases where shares and profits accrue. (c) In order to normalize the management of D in an auction crisis around 2003, the Defendant requested the Plaintiff, who was engaged in the real estate business, to take charge of the affairs related to D’s commercial transaction debt adjustment, the existing lessee’s name in the shop, and the attraction of new tenant. Around March 2004, the Defendant intended to provide incentives for the performance of the above tasks, and around March 2004, written performance statement stating, “The Plaintiff shall pay one billion won in consideration of the reorganization of the company, and be notarized as of March 30, 2004” (hereinafter “instant written statement”).

was prepared and issued. D.

The plaintiff, around that time, worked to normalize D throughout several years after he was appointed as D director, and as a result, D reduces half of its debts to about 50 billion won, and newly added G companies through the name of the existing tenant's store.

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