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Reasons
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(영문) 대전지방법원천안지원 2016.05.20 2015가합1324
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. Basic facts

A. On October 29, 2013, D and the Defendants agreed to take over 40% of the shares of Defendant B (hereinafter “Defendant Company”) and to take office as director of the Defendant Company in return for the Defendants’ investment of KRW 1 billion in the development project for the East-gu E (hereinafter “instant project”).

B. On February 28, 2014, the Plaintiff paid KRW 50 million to D, and KRW 300 million on March 3, 2014, respectively, and D paid KRW 300 million to Defendant C.

C. On April 21, 2014, D prepared and delivered to the Plaintiff the power of attorney, stating the following (hereinafter “instant power of attorney”).

The mandatory above shall be designated by the agent of the principal and the principal who has invested in the defendant company and the defendant C, with priority over recovery of claims and securing of claims, and with respect to shares received as collateral, it shall be made in the name of the mandator.

However, if the right to vote and disposal of the shares of the Defendant Company is transferred and the recovery of claims is known smoothly, the agent shall delegate legal litigation issues to the Plaintiff.

The period of this power of attorney shall be until the recovery of the principal is due.

On September 1, 2014, the Plaintiff drafted a final agreement on the E business (No. 1; hereinafter “the instant agreement”) with the Defendants, as follows, and D did not participate at the time of the preparation of the instant agreement:

Investor (A):

1. The plaintiff;

2. D or business operator (B):

1. The defendant company;

2. Defendant C ① simultaneously with the registration of preservation following the completion of the primary construction, and, at the same time, Defendant CA’s loan to financial institutions, the amount of KRW 1 billion out of the loan is to be paid to A.

② At the same time, Eul shall receive the 3,50,000 won (hereinafter referred to as “instant contract amount”) among the co-owners of the first floor commercial building, the sum of which is 3,50,000 won (hereinafter referred to as “the instant contract amount”), shall be paid to Gap.

E. The Defendants are against D on September 12, 2014.

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