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(영문) 창원지방법원 밀양지원 2018.09.07 2017가합10236
합의금
Text

1. The Defendant shall pay the Plaintiff KRW 1,500,000,000 and the interest rate of KRW 15% per annum from June 24, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The defendant is the representative director of C Co., Ltd. (hereinafter “C”), who is the father of the plaintiff.

The plaintiff is a person who has served as a director of C in-house, and is the representative director of D (hereinafter referred to as D) and the defendant's south.

B. On February 1, 2012, the Plaintiff and the Defendant concluded management disputes of C, etc. pending from the end of February 1, 2009, and the Plaintiff separated C and D from C and the Defendant agreed on the sale of stocks and the transfer of management rights while deciding to manage C and C respectively. The above agreement includes the provision that “The relationship between D and C’s bonds and obligations shall be settled by mutual agreement.”

C. Based on the instant agreement, the Defendant, based on the agreement dated February 1, 2012, prepared and issued to the Plaintiff on the same day, a written confirmation stating that “The Defendant shall pay KRW 4 billion to the Plaintiff in order to resolve the problem of the repayment of passbook deposits, etc., but KRW 2.5 billion shall be paid at the time E’s equity and the Defendant’s D Swin Capital occurs, and the remainder of KRW 1.5 billion (hereinafter “instant agreement”) shall be paid at the time when the claims and obligations issues between the corporations are settled” (hereinafter “instant written confirmation”).

D) On February 19, 2016, the Plaintiff and the Defendant agreed to settle the interests arising from the unauthorized Use of various assets, such as D and D, of this Court (hereinafter “C”) around December 5, 2012, with respect to the transfer of management rights, around 2016, and around December 5, 2012, C filed a lawsuit seeking payment of the settlement amount of KRW 3,571,362,252.

On March 7, 2017, the conciliation of the same content as the attached conciliation clause (hereinafter “instant conciliation”) was established in the instant lawsuit. Around that time, the Defendant paid to the Plaintiff KRW 2.5 billion out of the agreed amount KRW 4 billion based on the instant confirmation document.

E. The Defendant, January 11, 2018, shall be the court of this Court in January 2018.

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