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(영문) 서울남부지방법원 2017.07.14 2016가합110292
약정금
Text

1. As to the Defendant-Counterclaim Plaintiff:

A. The Plaintiff (Counterclaim Defendant) KRW 85,670,843 and the Plaintiff’s counterclaim from September 21, 2016 to July 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiffs-related Co., Ltd. (the trade name was changed from Co., Ltd. to D, Co., Ltd. on December 4, 2012, to F, Sept. 5, 2014; hereinafter “instant postnatal care center”) was established on October 31, 201; as of April 11, 2014, Plaintiff A had 30% shares in the instant postnatal care center; and Plaintiff B had 20% shares in the instant postnatal care center.

B. On April 11, 2014, Plaintiff A entered into a contract for transfer of a claim for provisional deposit and shares (hereinafter “instant contract for transfer”) with the Defendant on the security of the obligation to be borne by Plaintiff A against the Defendant at present and in the future, as of April 11, 2014, Plaintiff A transferred KRW 480 million to the instant postnatal care center as of April 11, 201, and the transfer of KRW 1200 (the face value per share 50 million) of the shares of the instant postnatal care center in Plaintiff A’s possession at KRW 210 million (hereinafter “instant contract for transfer”).

The contract deposit was concluded. On April 11, 2014, KRW 21 million: (a) the intermediate payment of KRW 147 million on the date of the contract; (b) the remainder of KRW 42 million until April 30, 2014; and (c) on May 31, 2014, Plaintiff B notified the instant postnatal care center of the transfer of the said claim; (b) on April 11, 2014, Plaintiff B notified the Defendant of the transfer of the said claim; and (c) on April 11, 2014, Plaintiff B transferred the remainder of KRW 30 million to Plaintiff B’s postnatal care center as a security for the Defendant’s obligations to be borne at present and in the future; and (d) KRW 40 million to KRW 40 million on the date of the contract; and (e) the intermediate payment of KRW 200 million on April 14, 2014 to KRW 300,000,0000.

(c).

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