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(영문) 부산고등법원 2020.11.19 2020나52507
약정금
Text

The appeal filed by the plaintiff (Counterclaim defendant) against the principal lawsuit and the counterclaim filed by the defendant (Counterclaim plaintiff) in this court.

Reasons

(a)in the event that an excess of KRW 60 million is achieved, the period for release by E of the secured goods provided by D for the Company shall be the period for release by E, and E shall be the separate security, and the period for offering E shall be six months;

7. E, a new representative member, shall pay 1/2 of the wages paid by the former representative member to shareholders other than D and E.

8. The above contract shall be concluded when D and E sign and E are commissioned as a new representative member, and D shall not intervene in the management of E after the contract is concluded.

Provided, That the corporation shall have the authority of inspection.

9.E shall give priority to the repayment of provisional receipts provided by D to the Company after the Company’s management was half of black.

The repayment method shall apply to interest without interest, and the time of repayment and repayment shall be determined in consultation with E.

10.F 10 million won of the loan to F shall be deposited in C when 10% of the shares held by D are sold to F, and repaid to F, and the amount of sale shall be arranged as D's provisional payment.

* As of October 30, 2013, D, as of October 30, 2013, which was a general partner and representative partner of Defendant Company, entered into a contract for transfer of 20% of the shares of Defendant Company between E and E (hereinafter “instant contract for transfer of shares”) between E and E, and the specific contents are as follows.

C. D’s resignation and E’s inauguration from the representative member of Defendant Company on November 29, 2013, while withdrawing from the Defendant Company on December 3, 2013, and the registration of resignation and retirement was completed on December 3, 2013. On November 29, 2013, E became a general partner of Defendant Company and was appointed to the representative member on the same day and completed registration of his/her resignation and retirement on December 3, 2013.

The Defendant Company, upon the occurrence of a dispute between E and D, suspended the payment of benefits to the Plaintiffs, from January 2014 to the Plaintiff A and the Plaintiff B, a partner with limited liability, designated by D pursuant to paragraphs (5) and (7) of the instant share transfer contract.

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