(영문) 광주지방법원 2017.12.15 2017가합52509

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(영문) 광주지방법원 2017.12.15 2017가합52509

청구이의

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1. Certificates No. 805, 2016, drawn up by the Defendant’s notary public against the Plaintiff on July 20, 2016.

Reasons

1. Facts of recognition;

A. On October 12, 2016, the Plaintiff engaged in a business partnership with the Defendant, and engaged in a multi-family housing construction project (hereinafter “instant business”), and D, the Defendant’s representative director, concluded a share transfer agreement with the Plaintiff’s E to transfer 6,000 shares issued by F in KRW 60,000,000.

B. On July 20, 2016, the Plaintiff issued a promissory note of KRW 1,400,000 in Gwangju Metropolitan City (hereinafter “instant promissory note”) to the Defendant on July 20, 2016, in order to secure the obligation under the said business and the obligation to pay the purchase price of shares to E, etc., on July 20, 2016, and on October 30, 2016, the date of payment, the place of issuance, payment, and the place of payment, and the face value of KRW 1,40,000 in Gwangju Metropolitan City (hereinafter “instant promissory note”). On the same day, the Plaintiff and the Defendant drafted a notarial deed of KRW 1 (hereinafter “instant authentic deed”).

C. On March 7, 2017, the Plaintiff and the Defendant concluded an agreement on termination following the liquidation of a partnership (hereinafter “instant agreement”) with the following content.

Party: The parties to the agreement of this case are indicated as being “D” by the parties to the agreement of this case, but the parties to the agreement of this case are indicated as “name: (a)B Representative D; (b) corporate number; and (c) the official seal of the defendant representative director is affixed thereto in the column of the parties to the agreement at the bottom of the agreement. In light of the fact that the parties to the agreement of this case are written as “name: (a)B Representative D; and (b) the official seal of

1. Agreed amounts shall be KRW 1,250,000 in total;

This includes 60,000,000 won for the acquisition of stocks of F Co., Ltd., and 301,000,000 won for G stock acquisition, and 42,400,000 won for H District Housing Association members, and the remaining 846,60,000 won for H District Housing Project costs.

2. The defendant shall pay monetary claims, etc. against the plaintiff after the receipt of the agreed amount.

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