(영문) 서울중앙지방법원 2015.09.22 2015가합2718

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(영문) 서울중앙지방법원 2015.09.22 2015가합2718

약정금

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1. The Defendant’s KRW 200,000,000 as well as the annual rate of KRW 5% from February 11, 2015 to September 22, 2015, and the following.

Reasons

1. Facts of recognition;

A. The status C Co., Ltd. (hereinafter “instant company”) is a company that displays and sells annually in Seopo-si, Seopo-si, Jeju Special Self-Governing Province.

The plaintiff was the representative director of the company of this case, and the defendant is the representative director at present.

B. As to the resignation of the representative director of the Plaintiff’s agreement on the resignation of the representative director of the instant company (hereinafter “A”) and the Plaintiff (hereinafter “B”) on the resignation of the representative director of the instant company, including the agreement on the resignation of the representative director, the agreement is concluded as follows.

1. (Purpose) This Agreement shall specify the timing, terms, etc. for the return of KRW 250,000,000,000,000,000,000,000, in E projects promoted by the instant Company.

2. (Payment Time) ① KRW 50,000,000,000,000,000,000, which it has invested 2.5 billion, shall be paid upon the conclusion of this agreement and the remaining KRW 200,000,00,000,000 shall

2) The time of completion of the fund set forth in paragraph 1 of this Article shall be at least 40% of the investment funds of investors other than the F Village, the Defendant, and G.

3. (Liability B) Any civil or criminal liability shall be vested in respect of any obligation arising at the time of his/her holding of office;

Provided, That employees' benefits and four major insurance shall be excluded.

4. (B’s Benefit) No claim may be made against A for any benefit which has not been received at the time of his/her employment.

5. (Joint Guarantee) In order to guarantee this Agreement, the defendant who is a joint and several sureties shall be appointed as a joint and several sureties;

In order to verify the contents of this Agreement, two copies of the Agreement shall be prepared, and one copy shall be kept after signing and sealing A and B.

On April 22, 2013, the Plaintiff, a joint and several surety of the instant company (A) (B), resigned from the representative director of the instant company on April 22, 2013, and entered into an agreement with the instant company and the Defendant (hereinafter “instant agreement”).

C. The plaintiff's representative director's resignation and the defendant's appointment are the same day.

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