(영문) 부산지방법원 2018.01.25 2017가합47744

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.01.25 2017가합47744

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

(a).(a).

C Co., Ltd. (hereinafter “C”) is a company established on February 26, 2010, and the Plaintiff served as C’s representative director from March 9, 2010 to October 21, 2010.

B. On October 14, 2010, the Plaintiff entered into a contract for business transfer and acquisition (hereinafter “instant contract”) with the Defendant as follows.

The overall shares and management rights of C Co., Ltd. located in Changwon-si, Changwon-si, Changwon-si, which is operated by the plaintiff of the business (transfer and acquisition) contract shall be entered into as follows:

- Contents -

1. The plaintiff transfers 60% of C’s shares to the defendant and ensure that C’s management rights are guaranteed only during the statutory period.

2. The Defendant shall pay to the Plaintiff KRW 300,000 (including cash KRW 300,000,000 and KRW 100,000,00,000) in the receipt of the right under paragraph 1.

Down Payment Date: KRW 150,000,000 (Won 150,000,000): End on October 15, 2010: KRW 150,000,000 (Won 150,000,000) per October 25, 2010 * Where the Plaintiff was unable to repay 100,000,000 loans from the Credit Guarantee Fund and the Plaintiff was damaged, the Defendant shall immediately compensate the Plaintiff for the cash of KRW 100,00.

Accordingly, the defendant shall prepare and notarized a cash custody certificate of KRW 100 million to the plaintiff.

3. The Defendant shall ensure that the Plaintiff shall be given the highest treatment of the Plaintiff, such as the Plaintiff’s position as president for ten (10) years from the time the Plaintiff continues to engage in C’s business, monthly wage of KRW 1 million and four (4) insurance, and C newspaper name plates.

5. The obligations and wages, except the amount of the Plaintiff’s royalty, shall be settled at the time of the contract by the Plaintiff at KRW 0,000,000,000,000,000,000.

3. The Plaintiff shall not claim the provisional payment when the claim is performed normally.

7. If the non-performance of the contract fails to pay the remainder after the payment of the down payment by the designated date, the defendant shall pay the down payment to the plaintiff as penalty, and the plaintiff shall be equivalent to the down payment by the following day.

유사 판례

-부산지방법원 2017.04.26 2016나8715

-부산지방법원 2016.07.15 2015가단60197

-서울고등법원 2015.07.17 2014나54924

-인천지방법원 2014.09.26 2013가합3176

-서울중앙지방법원 2016.11.23 2016가합979