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(영문) 전주지방법원정읍지원 2016.10.11 2015가단1916
약정금
Text

1. The Defendant’s KRW 85,00,000 as well as the Plaintiff’s annual rate from May 16, 2015 to October 11, 2016, and the following.

Reasons

1. Basic facts

A. The Defendant is the former representative director and shareholder of C Co., Ltd. (hereinafter “C”), and the Plaintiff is a person who mediates the sale and purchase of C shares upon the Defendant’s request.

B. On October 2014, the Defendant was trying to enter into a share transfer contract with Nonparty D as the Plaintiff’s intermediary. In other words, on December 24, 2014, the Plaintiff entered into a contract under which Nonparty E and C’s shares of KRW 830 million were sold at the beginning of December 2014 as the Plaintiff’s intermediary, and KRW 4.5 million under the Financial Restatement, E succeeds to the remainder of KRW 425 million, and on December 24, 2014, the contract was concluded to pay the remainder of KRW 125 million on the date of the contract, the intermediate payment, KRW 50 million on December 12, 2014, and KRW 250 million on December 24, 2014, respectively (hereinafter “instant transfer contract”).

C. On December 3, 2014, the Plaintiff agreed with the Defendant to receive brokerage commission (hereinafter “instant commission agreement”) with the following terms and conditions (hereinafter “instant commission agreement”).

1. The down payment of KRW 50 million, out of the down payment of KRW 125 million under the instant transfer contract, shall be returned to D as an underwriting contract cancellation amount, and KRW 30 million shall be received by the Defendant, and KRW 45 million shall be received by the Plaintiff.

2. The Defendant shall receive the full amount of the intermediate payment of KRW 50 million.

3. The remainder of KRW 60 million, out of KRW 250 million, shall be received by the Defendant and KRW 165 million shall be received by the Plaintiff, and KRW 25 million shall be deposited into the passbook C in the case of the price dispute of the East Sea item Co., Ltd., and the Plaintiff and the Defendant shall, in the absence of dispute, be apportioned to KRW 1/2.

On December 2014, the Defendant paid to the Plaintiff KRW 45 million out of the down payment of the instant transfer contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 4-1, 2, Eul evidence 5, the purport of the whole pleadings

2. The Plaintiff seeking payment of fees under the instant fee agreement against the Defendant. Therefore, the Defendant 1,50 million won out of the remainder of the transfer contract of this case, pursuant to the instant fee agreement, shall be determined by the Plaintiff.

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