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(영문) 광주지방법원 순천지원 2017.04.26 2015가단15553
약정금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 100,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 23, 2016 to April 26, 2017.

Reasons

1. Basic facts

A. The Defendant was established on August 31, 2012 as a company engaging in civil engineering works and manufacturing business of gene-use machinery and equipment, and C is registered as the representative director and C’s husband, respectively.

B. The Plaintiff acquired 25% of the Defendant’s shares while investing funds in the name of the purchase of land and the construction of a factory upon the proposal to make investments from D to the Defendant.

(However, the plaintiff seems to have acquired shares in the name of E). At the time, the defendant's shares were 50% of D, 25% of D's shares, 25% of D's shares, and 25% of the plaintiff (E').

C. On January 29, 2014, the Plaintiff entered into an agreement with F on repayment of principal of investment and payment of profits (hereinafter “instant agreement”) due to the issue of equity ratio, etc., and the key contents of the instant agreement are as follows.

(Voluntary contents are referred to as Gap evidence 1). The defendant of the written agreement on repayment of principal of investment and payment of profits shall pay KRW 150 million out of the principal of investment 250 million to the plaintiff's 25% of the principal of investment to the plaintiff's 25% of the principal of investment. The remaining KRW 100 million shall be repaid on December 24, 2013, and the remaining KRW 100 million shall be repaid on January 29, 2014, at the same time the investor shall transfer shares to 25% of the investment principal, and the plaintiff shall pay KRW 90 million of the principal of investment and KRW 10 million of the principal of investment to the plaintiff's 25% of the principal of investment and KRW 10 million of the principal of investment shall be discussed when the defendant's real estate is sold or deposited for civil procedure.

On the other hand, the lub-up Co., Ltd. (hereinafter “lub-up”) filed a civil suit against the Defendant (Seoul District Court 2013Gahap4235), and provisionally seized the Defendant’s real estate (Seoul District Court 2013Kadan2867). The Defendant deposited KRW 73.2 million for the cancellation of the execution of the provisional seizure (Seoul District Court 2013Gadan2184). On April 21, 2016, the first instance judgment of the said civil lawsuit was rendered, and the Defendant deducted some local taxes from the above deposit on July 22, 2016.

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