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(영문) 수원지방법원 2018.07.13 2018가단509891
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, with respect to the debt amount of KRW 200 million against the Plaintiff, prepared an agreement with the Plaintiff on the method of repayment of the debt amount as follows (hereinafter “instant agreement”):

Agreement A: B With respect to the debt amount to be paid by B to A between the above parties, the detailed matters concerning the implementation shall be agreed upon and notarized as follows:

:

1. Eul shall assign to Gap the shares C 4,500 per share owned by Eul in order to discharge the above obligation, calculated as 13,000 won per share;

A shall recognize the transfer price of 58,500,000 won as debt repayment to B, and shall be deducted from the debt payment.

2. Eul shall transfer to Gap the shares C 2,500 per share owned by Eul in order to discharge the above obligation, calculated as 12,000 won per share.

A shall recognize the transfer price of 30,000,000 won as the repayment of obligations to B, and shall be deducted from the said debt.

However, the transfer of shares is to be made at the time of transfer after June 2017 from the national recognition institution responsible for the transfer of C shares (united sovereignty).

3. The remaining debt amount of 111,50,000,000 won to Gap shall be paid by the end of 2023, but until such amount is paid, the interest calculated at the rate of 1.5% per annum under the bank regular interest rate shall be paid on the last day of each month.

(However, interest shall be paid after deducting the income tax). If it is not paid in cash by the end of December 2023 with respect to 111,50,000 won debt amount, it shall be calculated as 12,000 won per share, and it shall be transferred in lieu of the shares equivalent to this amount by means of a uniform share certificate to A.

4. A and B verify, by this agreement, that there is no debt obligation between A and B in addition to the above agreement, and in any case thereafter.

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