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(영문) 서울중앙지방법원 2018.05.08 2017가단5115210 (1)
기타(금전)
Text

1. Defendant B and C shall jointly and severally pay to the Plaintiff KRW 47,000,000 and shall be fully paid from November 1, 2017.

Reasons

1. Facts of recognition;

A. On December 14, 2015, the Plaintiff entered into a share purchase and sale contract and labor (business) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) and Defendant C who substantially operates the Defendant Company, with the following content:

(hereinafter “instant contract”). - The Defendant C transfers 17% of the shares of the Defendant Company to the Plaintiff, and the Defendant Company provides the Plaintiff with the basic pay of KRW 2 million from March 2016 to the Plaintiff.

- The plaintiff provides services in good faith and faith by making full use of professional knowledge and experience, and the defendant company shall take into account the plaintiff's intentions and circumstances about the plaintiff's commuting to and from work as much as possible, and shall not apply his neglect to the contract violation.

- The Plaintiff shall pay 17 million won of shares to Defendant C, and the Defendant C shall lend it to the Defendant Company’s operating capital, and the Defendant Company shall pay KRW 17 million to Defendant C for six months.

- The plaintiff lends 5 million won to the defendant company, and the defendant company redeems it until February 28, 2016.

- The spouse D of the Defendant C must be responsible for the succession to all contracts and joint and several sureties, and the Defendant C shall guarantee this, and all of the responsibilities related thereto shall be against the Defendant C.

(Article 4. - When the Defendant C and the Defendant Company fail to perform their contractual obligations under the above contract, the Defendant C shall return the share price of KRW 17,000,000 to the Plaintiff and shall additionally pay KRW 30,000,000 as a mutually agreed compensation.

(Article 5). (b)

On December 14, 2015, pursuant to the instant contract, the Plaintiff remitted the share purchase price of KRW 17 million and the loan amount of KRW 5 million to the Defendant D’s account designated by Defendant C. However, the Defendant Company did not provide the Plaintiff with pay and the 4th insurance up to the present time, and did not repay the loan amount of KRW 5 million.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, pursuant to Article 5 of the contract of this case.

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