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(영문) 인천지방법원 2015.09.17 2014가합57170
약정금
Text

1. The Defendant: (a) KRW 18,00,00 for Plaintiff A; and (b) KRW 12,00,000 for Plaintiff B; and (c) for this, from November 2, 2014 to September 17, 2015 for Plaintiff B.

Reasons

1. Basic facts

A. A. From March 2009, the Defendant is the representative of D’s substitute driving company, and was in overall control of D’s accounts and funds, and E is the person who invested KRW 150 million in the Defendant. 2) E died on July 16, 2015, and Plaintiff A was the spouse of the network E (hereinafter “the deceased”), and Plaintiff B succeeded the deceased as the deceased’s child.

B. On March 24, 2009, the Deceased and the Defendant entered into an agreement with the Defendant to make an investment on March 24, 2009, and pursuant to the said investment agreement, the Deceased paid KRW 50 million on March 25, 2009 and KRW 100 million on April 9, 2009, respectively, and invested KRW 50 million to the Defendant. 2) The Deceased entered into an additional agreement to make an investment of KRW 50 million to the Defendant around September 2009, pursuant to the said additional investment agreement. Under the said additional investment agreement, the Deceased paid KRW 20 million to the Defendant on September 11, 2009 and KRW 30 million on November 26, 2009, respectively, and additionally invested KRW 50 million to the Defendant.

(hereinafter referred to as the “instant investment agreement”) in total.

The content of the instant investment agreement and the Defendant’s corporate registration 1) The Deceased and the Defendant included the following provisions in the instant investment agreement (under the following, the Defendant and B are the Deceased:

Article 4 (Establishment of Stock Company) A shall complete the incorporation of a corporation not later than October 31, 2009, and the minimum capital shall be not less than KRW 200,000 per annum (20,000,000) and regardless of the amount of capital stock, the ratio of shares in B, regardless of the amount of capital, shall be 28% of the total amount of capital. In accordance with Articles 6 (Implementation, etc. of the Details of the Convention), 1 through 5, the contents of the agreement between A and B shall be fulfilled. Notwithstanding paragraph 1, where A fails to implement the contents prescribed in Article 4, the total amount (including KRW 20,00,000,000,000) invested in B at the same time.

(2) The defendant incorporated D as a stock company around November 29, 2009, and paid its capital.

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