(영문) 대구지방법원 포항지원 2017.02.14 2016가단5601

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(영문) 대구지방법원 포항지원 2017.02.14 2016가단5601

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff: C Co., Ltd. for the purpose of automobile sales agency business (hereinafter “C”).

(2) On February 2, 2012, the Defendant was appointed as a director on August 25, 2005 and was appointed as a representative director on March 30, 2006, while managing the said company for several years, including a director. (2) The Defendant is a person who has been appointed as a director on March 30, 2006 and has been appointed as a representative director.

B. On December 23, 2011, the Plaintiff and the Defendant concluded a contract for the transfer of shares, including the following, while deciding to transfer all the shares issued by the Plaintiff to the Defendant:

(hereinafter “this case’s stock transfer contract”). Shares are transferred or taken over: The total purchase price of the shares above 5000 common shares (10,000 won per share): 50,000 won (payment date: on the day of the contract): All of the rights and obligations of the shareholders as well as all of the above rights and obligations upon the payment of the purchase price after the contract shall be reverted to the Defendant.

Matters not agreed upon in this contract shall be dealt with by the original and the defendant through consultation in accordance with the ordinary relations.

C. The Plaintiff transferred all the above shares to the Defendant, and the Defendant paid KRW 50 million to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. The assertion and judgment

A. The summary of the parties’ assertion 1) The Plaintiff, who operated the Plaintiff C, transferred the company operation right to the Defendant on September 1999, and C agreed with the Defendant to pay the Plaintiff KRW 2,00,000 per month (625,000 per month office rent to the Defendant to pay the Plaintiff separately, and accordingly, the agreement has been reached.

At that time, the plaintiff changed the policy to prevent the representative director from changing the agency's head office and agreed to transfer all of its shares to the defendant who was the representative director at the time of the change.

Accordingly, the plaintiff entered into the share transfer contract of this case on December 23, 201, and the defendant.

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