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(영문) 전주지방법원 2014.12.16 2014가단5267
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 9,500,000 as well as 20% per annum from February 21, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On November 201, 201, the Plaintiff, a real operator of C, loaned KRW 200,000,000 to the Defendant’s Defendant for the operation of the limited liability company C (hereinafter “C”) to the Plaintiff. As a security, the Plaintiff agreed to register the Plaintiff as a joint representative director and change the name of 50% of the shares to the Defendant.

B. On December 12, 2011, the Plaintiff entered the Defendant as a joint representative director, and transferred 25,000 shares in D’s shares, 50%.

C. In order to clarify the above agreements around December 16, 201, the Plaintiff and the Defendant drafted the following contract form (Evidence A No. 4).

1. The defendant is a co-representative, but does not participate in the management of the company.

2. To deposit KRW 200 million by January 30, 2012.

(E) 50 per cent of the shares of NA and co-representatives, but will be registered as 50 per cent of the shares and as co-representatives of 200 million won as no real estate security is available on condition of lending KRW 200 million.

3. The duration of the agreement shall be from January 2012 to November 30, 2016.

However, the Defendant’s loan amounting to KRW 200 million shall be lent by December 30, 2013, and the agreement shall be two years, but the Defendant shall pay upon request after the lapse of two years.

5. In the event of reimbursement of KRW 20 million in C, joint representatives and 50 per cent of the shares will be terminated.

6. Although the representative director C is D, the actual operator is the plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that he/she performed his/her duty under the above agreement, and the Defendant paid to the Plaintiff totaling KRW 167,000,000 from November 17, 201 to February 6, 2012, and thus, the Plaintiff is obligated to pay the remainder of KRW 33,00,000.

B. The Defendant’s assertion to the Plaintiff, the sum of KRW 180,00,000 in the Defendant’s account from November 17, 2011 to June 4, 2012, and KRW 210,790,000 in the Defendant’s wife’s account from December 13, 201 to January 16, 2013.

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