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(영문) 대전지방법원천안지원 2016.03.29 2015가단110504
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 26, 2007, E Co., Ltd. (hereinafter “E”) was delegated by Defendant B Religious Organization C Diplomatic Association (hereinafter “Defendant church”) with the authority to develop the F-sports site of 2,588 square meters (hereinafter “instant land”) at the Yanancheon-si, the ownership of which is the ownership.

B. On December 31, 2007, E jointly carries out the business of constructing and selling medical facility buildings on the instant land with G Co., Ltd. (hereinafter “G”) and on the instant land (hereinafter “instant business”). However, E entered into an agreement with G to hold only shares in the instant business and to take charge of the specific business implementation.

C. As G’s progress of the instant project was supported, E and G entered into an agreement with H on June 2, 2008, to transfer part of the shares of G to H, which was the representative director of E, and to change the name of G to I (hereinafter “I”). H transferred 21,500 shares out of the total shares of G 50,000 shares, and was appointed as the representative director of G, and G changed its trade name on June 10, 2008 to I.

On the other hand, on April 1, 2009, I prepared a certificate of profit distribution to the Plaintiff. The main contents are as follows.

The plaintiff has made every effort to fulfill his/her best obligation to manage the new construction works of the FJ building at the time of the incheon City. However, in the course of performing his/her duties, the plaintiff submitted a letter of commitment to the Cridge (IS corporation) which is a real landowner due to excessive desire and water, and to waive all the rights to obtain, manage, and other checks with respect to the innate site. However, in consideration of his/her old age, the plaintiff promises to pay 7% profits of the company's profits (after tax) to the innate site to the plaintiff.

E. I, H, and Defendant church are difficult to implement the instant project due to the aggravation of the construction competition while the instant project was in operation.

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