(영문) 대전지방법원 서산지원 2018.12.06 2017가합51244

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(영문) 대전지방법원 서산지원 2018.12.06 2017가합51244

약정금

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1. The Defendant shall pay to the Plaintiff KRW 252,072,680 and the interest rate of KRW 15% per annum from August 4, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. On January 3, 2007, the Plaintiff was appointed as the representative director of the Defendant Company, who is engaged in the work of civil engineering and construction, etc., and resigned on July 22, 2013, and C was appointed as the representative director of the Defendant Company as well as the Plaintiff, and thereafter, C was working as the representative director of the Defendant Company as of July 22, 201. D was not registered as a director on the corporate register of the Defendant Company, but was operated by the Plaintiff and

B. On November 28, 2012, the Plaintiff drafted a written agreement between C and D and the Defendant Company with the following content (hereinafter “instant agreement”).

The bottom part of the following is written down:

In the event that a re-contract is concluded with the efforts of “A”, Article 8(1)(E), a certain portion of the profit accrued during the contract period (2,50,000 won) shall be paid monthly (2,50,000 won after January 1, 2013). (2) Profits accrued from the building works shall be paid 5% of the amount of the contract for the construction project at the same time as the contract for the construction.

(50% upon receipt of tax and 50% after completion) Article 15, "B" shall grant A the right to operate as a director after the resignation of the representative director, and shall pay 5% of the amount of construction as business fees to A.

C. On July 22, 2013, when the Plaintiff resigned from the representative director of the Defendant Company, C and D prepared and sent to the Plaintiff a letter stating the following (hereinafter “instant letter”).

Each letter: CD

1. Each of the above notes shall be implemented in accordance with the Agreement on the Operation B (States) done on 28 November 2012.

9. Each letter shall, even if the representative director of A (Plaintiff) resigns, clearly separate and manage the personal and corporate obligations as the real manager in the operation of Section B (State), so that the management of the company will not deteriorate, that party shall be responsible, and thereby, the F-related Profits of A.

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