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Reasons
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(영문) 서울중앙지방법원 2018.06.22 2016가합555097
정산금
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1. Defendant F: (a) 200,000,000 won to Plaintiff C and 5% per annum from December 7, 2016 to June 22, 2018; and (b)

Reasons

1. Basic facts

A. (1) The Plaintiff C, Defendant E, and F entered into an agreement on stock transfer and takeover of shares (hereinafter “Co., Ltd.”) and the Defendant D was established by dividing part of October 21, 201.

“Defendant Company,” regardless of whether before or after the division;

(A) A (hereinafter referred to as “A”) established by the Defendant and the Defendant Company with 100% investment

A) On March 3, 2008, while jointly operating the Plaintiff Company’s shares on March 3, 2008, Defendant E and F transfer all of the shares owned by the Plaintiff Company to Defendant E and F, and transfer all of the shares owned by the Defendant Company A to Plaintiff C, but Defendant E and F pay the difference of the shares in exchange to Plaintiff C as a settlement amount (hereinafter “instant contract”).

2) Of the instant contracts, the content pertaining to the instant case is as follows.

2. Cash payments;

A. Defendant E and F shall pay Plaintiff C KRW 123,138,516 up to December 31, 2007.

B. Defendant E and F shall pay Plaintiff C KRW 200 million until December 31, 2008, and KRW 100 million until December 31, 2009.

C. Defendant F shall pay KRW 200 million to Plaintiff C two times from 2010 to end of 2011.

3. Joint business with the defendant company A;

(a) The defendant company shall transfer to A the shares in the Macheon Teaching Business, which is currently in progress, as follows:

(1) 1/3 of the net profits in consideration of cost, taxes, etc. from the funds currently invested.

(b) Macheon-Sacheon-Sacheon-Sacheon-Saeng Project is currently being invested, so it shall be jointly carried out as well as rights due to future progress and losses and obligations.

4. Joint apportionment of compensation liability; and

A. The liability for damages caused by a fire incident of H building and the first claim for reimbursement and the related counter-performance costs are to be shared by A and the defendant company, one half each.

A and Defendant Company shall pay the owner of H building KRW 100 million up to the end of February 2008 and KRW 200 million up to the end of August of the same year as damages compensation.

(b) Defendant E. If A fails to pay the above contributions within the above period.

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