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(영문) 서울중앙지방법원 2021.01.29 2019가단5231826
약정금
Text

The Defendants shall be jointly and severally,

A. From June 22, 2018 to October 15, 2019, Plaintiff A’s KRW 42,349,696 and its related costs.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) Defendant D Co., Ltd. (hereinafter “Defendant D”) are 86.23% shareholders of Nonparty E Co., Ltd. (hereinafter “ Nonparty E”), and Nonparty E is 100% shareholders of Defendant C Co., Ltd. (hereinafter “Defendant C”).

2) The Plaintiffs were in office as an internal director of Defendant C from September 30, 2009 to August 12, 2016.

3) On September 8, 2017, the Plaintiffs filed a lawsuit against Defendant C seeking the payment of retirement allowances under the Seoul Central District Court 2017 Gohap 562153.

On February 27, 2018, the litigation pending at the above lawsuit, the Plaintiffs and Defendant C drafted the following agreements (hereinafter “instant agreement”). The Plaintiffs withdrawn the lawsuit claiming for retirement pay on March 31, 2018.

Plaintiff

A Plaintiff B: Defendant C: Defendant D shall pay 30,00,000 won to B until March 12, 2018, out of KRW 72,349,696, and the remaining amount of KRW 42,349,696 shall be paid in priority at the time of completion of the liquidation of Nonparty E.

B At the same time with payment of KRW 30,000,000 among the above money, the Seoul Central District Court 2017 withdraws the lawsuit of 562153 remuneration claim against Party A, and submits to Party A the application of the Seoul Central District Court 2017Kadan 814495 claim provisional attachment against Party A and the application of the cancellation of provisional attachment of claim 2014491 claim to Party B.

A shall submit a written consent to withdrawal of a lawsuit, and B shall deliver a written consent to revocation of security and a written waiver of right to appeal immediately with respect to the case of application for revocation of security of each of the above claims provisional seizure applications.

4.With respect to the payment of the full amount to be paid by A to B, Byung as the parent company, shall be joint and several sureties, and Byung shall pay the unpaid amount and interest to B.

Defendant C: Plaintiff B C: Ltd. D

1. Of KRW 89,325,436, Party A shall pay KRW 30,00,000 from March 12, 2018 to Party B, and the remaining KRW 59,325,436 shall be paid in preference at the time of completion of the liquidation of Nonparty E.

2. Eul shall be paid KRW 30,000,000 among the above amounts, and shall be paid to Gap.

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