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Reasons
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(영문) 광주지방법원 2017.12.15 2017가합54888 (1)
약정금
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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. (1) The status of the party (1) Defendant B Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “Defendant Company”) is a company established for the purpose of real estate sale and lease business on June 23, 2005, and has promoted F apartment construction business (hereinafter “instant business”) on approximately 16,170 square meters from September 23, 2006 to May 31, 2013.

(2) Defendant C had been practically operating the Defendant Company since December 7, 2007, and the Plaintiff was an employee of the Defendant Company from 2010 to 2013.

B. (1) On May 10, 201, the Plaintiff, G, and the Defendants entered into an agreement on the instant business investment and distribution of profit (hereinafter “instant agreement”) with the Plaintiff and the Defendants: (a) deposit KRW 140,000,000 in the Defendant Company; and (b) deposit KRW 500,000,00 in G with the Defendant Company; (c) the Defendants shall pay the Plaintiff the profit accrued from the sale of the said apartment (hereinafter “instant agreement”); and accordingly, the Defendant Company from April 12, 201 to April 12, 2011:

6. The Plaintiff and G received each of the above money between 30.30.

In the agreement on stock transfer and profit settlement, the representative director H 29% of the shares of the defendant company shall be transferred to the plaintiff, and 20% of the shares of the director of the defendant company shall be transferred to G by June 30, 201.

-transfer terms;

1. G shall deposit 500,000,000 won in cash with the Defendant Company (in daily amount of KRW 500,000).

3. The method of returning the deposit shall be arranged as a lump sum payment when returning the deposit at 43 square AP deposit.

5. 20% of the profits, excluding the principal and expenses paid from November 23, 2010, at the time when the investment amount of Defendant C was in progress pursuant to the above agreement, shall be paid to G, and 30% of the profits shall be paid to the Plaintiff within seven days after the settlement with the Defendant Company.

(2) The Defendant Company returned KRW 500,000,000 to G on September 23, 2011, and returned KRW 100,000,000 to the Plaintiff around 2012.

C. As a result of the settlement of the instant project, J and Defendant Company are related to the instant project on September 26, 2014.

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