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(영문) 광주지방법원 2019.01.11 2017가단25586
용역비
Text

1. The Defendant: (a) KRW 110,00,000 for the Plaintiff and its amount from September 13, 2017; and (b) KRW 34,00,000 for the Plaintiff and its amount.

Reasons

1. Basic facts

A. The Plaintiff and the representative director of C Co., Ltd. (hereinafter referred to as “C”) and the Defendant, the major shareholder, entered into a sales consultation agreement with C regarding management rights and stock transfer.

1. E and the Defendant confirm that as of the date of the conclusion of this Agreement, E lent KRW 450,000 to support the operation of C.

2. The persons related to E and E are promoting acquisition of F Company’s preferential redemption share 2,599,999 and common shares 2,600,000 shares held by the Defendant and the persons related to the Defendant, which are shareholders of C. The Defendant shall cooperate so that the acceptance of E, etc. can be terminated successfully.

3. E shall pay KRW 1.5 billion in return for cooperation in the management of the Company after the Defendant’s cooperation and undertaking, and KRW 200 million shall be paid until August 31, 201, and the remaining KRW 1.3 billion shall be paid within 12 months from the date on which the long-term debt of F, a shareholder of C, and the Defendant’s long-term debt of F, a shareholder of C, are fully repaid

4.E shall ensure that the Defendant works not later than the end of the repayment of obligations under paragraph 3 above at the level of benefits as of the date this Agreement is concluded.

B. On July 1, 2011, the Defendant, in the presence of the Plaintiff and Nonparty D, agreed with Nonparty E as follows:

(hereinafter referred to as “instant sales agreement”) C.

On July 30, 2011, the Defendant agreed with the Plaintiff that “the Defendant shall pay KRW 200 million as advisory fees related to the sale of the instant sales agreement to the Defendant C at the time of receiving KRW 1 billion (200 million: payment on August 31, 201, KRW 800 million: F, and payment after repayment of the Defendant’s long-term debt):

(hereinafter referred to as the “Agreement on Service Costs”). D.

On August 3, 2016, the Defendant was bound by a notary public from C and E to a law firm G 483 (Quasi-Loan for Consumption) contract in 2016. The content thereof is approved that C and E bear the obligation of KRW 1,440,000 on August 3, 2016, and C and E jointly assume the obligation of KRW 290,000,000 on November 30, 2016.

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