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(영문) 창원지방법원 진주지원 2018.01.11 2017가합11394
약정금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) From August 1, 2017, for KRW 77,33,31 and KRW 19,33,32 among them.

Reasons

1. Comprehensively taking account of the facts of recognition and the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 through 4 (including virtual numbers), the plaintiff and D, who are the shareholders of the defendant corporation Eul (hereinafter "the defendant corporation"), may recognize the fact that on January 20, 2017, the plaintiff and D, who were the shareholders of the defendant corporation Eul, assigned the shares of the defendant corporation to the defendant corporation Eul, the representative director of the defendant corporation, were divided by 15,833,333 (380,000 won ± 24 months) by dividing the amount of 3,50,000 won from the defendants to the plaintiff's account for 24 months, and the plaintiff agreed to receive the total amount of KRW 19,33,333 won from the defendant corporation to the 15,833,333 won (hereinafter the agreement of this case) for the last day of each month from the end of February 2017 to the plaintiff's account.

According to the above facts, the Defendants jointly and severally liable for the payment of the 7-time installment payments incurred during the period from February 28, 2017 to October 31, 2017 (i.e., KRW 135,33,331 (i.e., KRW 19,33,333 x 7 months). However, the Defendants are jointly and severally liable for the payment of the 7-time installment payments during the said period. However, the Plaintiff is jointly and severally liable for the 7-time installment payments among the nine-time installment payments, and the remainder is claimed for the future performance claim.

From August 1, 2017 to August 22, 2017, for KRW 19,333,332 from which the Plaintiff already received KRW 58,00,00,00 and KRW 19,333,32 from which the Plaintiff had already received KRW 58,00,00, and for KRW 19,333,333 from which the duplicate of the complaint of this case was finally served on the Defendants, from August 1, 2017 to August 22, 2017; for KRW 19,33,333,00 from September 1, 2017; for KRW 19,33,333,00 from which the Plaintiff had already received KRW 58,00 to the Defendants; and for KRW 5,335,00 from each of the following day to December 1, 2017 to which the application for changes in the purport of this case and the cause of the claim had been served to the Defendants.

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