(영문) 광주지방법원 2017.08.10 2016가합58555

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(영문) 광주지방법원 2017.08.10 2016가합58555

동업관계확인 등

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Defendant asserted that the Plaintiff and the Plaintiff’s assertion of the contributory portion or shares in relation to C Co., Ltd. (formerly “Co., Ltd. E,” hereinafter “Co., Ltd.”), or did not bring any civil or criminal matter, and that the Defendant received 1.4 billion won as consolation money from the Defendant, and that the Defendant paid 1.4 billion won to the Plaintiff in accordance with the above agreement, the instant lawsuit should be dismissed as contrary to the above Sub-committee agreement.

In full view of the purport of the evidence evidence No. 1 and the entire pleadings, the Plaintiff and the Defendant, as a type of punishment, had a dispute over the contributory portion or shares claimed by the Plaintiff in relation to the operation of the instant company, F Co., Ltd. (hereinafter “Co.”), G, etc., and it is recognized that the Plaintiff and the Defendant drafted a written agreement (hereinafter “instant agreement”) as follows on January 27, 2016.

Agreements

1. The Defendant shall pay to the Plaintiff the amount of KRW 1.4 billion per day as consolation money for the instant company, F Co., Ltd. (hereinafter “Co.”), and work in G.

Provided, That the payment date shall be governed by paragraph (2).

2. KRW 300 million in the course of preparing a written agreement, and KRW 1.1 billion in the amount on February 29, 2016.

3. The Plaintiff did not divulge to the outside all of its business acquired in relation to the instant company, F, G, and H, and did not claim the contributory portion or shares in the course of its establishment, and would not bring a lawsuit or bring any civil or criminal matter, and would receive the said consolation benefits.

4. If the Plaintiff violated the above paragraph (3), the Plaintiff shall pay 2.8 billion won as penalty to the Defendant, which is an amount equal to the amount pursuant to paragraphs (1) and (2).

In light of the relationship between the Plaintiff and the Defendant and the developments leading up to the formation of the instant agreement, etc.

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