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(영문) 서울중앙지방법원 2017.04.25 2016가합562293
의결권 확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Although the Plaintiff and the Defendant were legally in a marital relationship, the Seoul Family Court made an agreement with the following terms and conditions (hereinafter “instant agreement”) on June 4, 2015 in the course of proceeding a divorce lawsuit with the Seoul Family Court 2014ddan319691 (principal lawsuit), 2015ddan304719 (Counterclaim).

The Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) shall conclude this Agreement on June 4, 2015 (hereinafter referred to as “this Agreement”) in order to reach an agreement and clarify the details of the agreement as follows:

1. In order to clarify the basic agreement between "A" and "B" on the issues related to the instant agreement (the Seoul Family Court No. 2014ddan319691, 2015ddan304719, respectively; hereinafter referred to as "the instant divorce lawsuit") and "C" (hereinafter referred to as "subject company"), the instant agreement shall be prepared to clarify the basic agreement between "A" and "B", and the "A" and "B" have led to the conclusion of this agreement based on their genuine intent.

3. The payment of the amount for “B” and “A” as “B” shall be paid to “B” in cash or in one’s own check of KRW KRW 3,500,000 (Won 3,500,000,000) as taxes related to the sale of real estate located in Gangdong-gu Seoul Metropolitan Government D, and simultaneously with the seal of the agreement, the remainder of KRW 2,000,000 (Won 2,000,000), by May 31, 2016, shall be paid in 1,50,000,000 (hereinafter “B money”).

7. The management right of the subject company: (a) the subject company’s “B” shall exercise the management right of the subject company; and (b) if “B” does not waive the management right of the subject company by itself or transfer it to a third party, “B” shall have the voting right of approximately 3.9 million shares of the subject company (hereinafter “this case’s shares”) to the designated company “B” or “B.”

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