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(영문) 수원지방법원 성남지원 2018.06.05 2017가합406261
약정금
Text

1. The Defendant (Counterclaim Plaintiff) is jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 300,000,000,000, out of KRW 1,000.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The status of the parties 1) Defendant B Co., Ltd. (hereinafter “B”).

(2) The Plaintiff served as the representative director of Defendant B from May 22, 2015 to February 24, 2016.

3) At the time of September 7, 2016, Defendant C owned 57,00 shares and 1,500 shares of Defendant C among the total shares issued by Defendant B, as of September 7, 2016, and Defendant C owned 60,00 shares, respectively. (B) Conclusion of a performance payment agreement; (1) The Plaintiff entered into an agreement with the Defendants on February 24, 2016 on the payment of performance money on the condition that the Plaintiff resigned from the representative director of Defendant B (hereinafter “instant performance agreement”).

Specific details are as follows:

The purpose of this Agreement is to determine the amount, timing, etc. of the incentives received by the Plaintiff from the resignation of the representative director of Defendant B who carries out the instant implementation project, and to determine the type and remuneration of the Plaintiff after the resignation of the representative director.

Article 2 (Time of Resignation) The Plaintiff shall resign the representative director of Defendant B at the same time as this Agreement.

Article 3 (Performance Money) (1) Defendant B shall pay the Plaintiff a final amount of KRW 1 billion with the performance money until the Plaintiff withdraws from the representative director, and the following taxes and public charges shall be borne by Defendant B in full.

② The time to pay incentives to the Plaintiff is as follows:

1. The F date of the implementation project related to Article 1: Three hundred million won;

2. On September 30, 2016: 200 million won;

3. On December 31, 2016: 300 million won;

4. On April 30, 2017: 200 million won; (3) Defendant B and the surety C shall issue a notarized bill of commitment to B in order to promise the payment of performance amounts related to the preceding paragraph.

Article 7 (Guarantee) With respect to the rights and obligations of Defendant B against the Plaintiff under this Agreement, the major shareholders of Defendant B.

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