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(영문) 서울서부지방법원 2019.09.25 2018가합41283
약정금
Text

1. Defendant B’s KRW 211,00,000 as well as the Plaintiff’s annual amount of KRW 5% from December 31, 2015 to December 21, 2018, and the Plaintiff’s annual amount of KRW 211,00,000.

Reasons

1. Basic facts

A. The relationship between the parties, etc. 1) The Plaintiff is a stock company E on October 25, 2012 (hereinafter “E”).

A) On August 5, 2013, a representative director was appointed as a representative director, and on October 25, 2015, he/she retired from office. Defendant C, a real operator of Defendant B, had been registered as E’s auditor from October 25, 2012, and retired on March 31, 2015. Defendant D, as the buyer of Defendant B, was registered as E, and retired on August 5, 2016. Defendant B retired from office on August 5, 2016. Defendant B was appointed as the representative director of E on May 10, 2017. The Plaintiff held 30% of E’s shares, Defendant C and D shares each with 35% of the representative director, and the Plaintiff was in charge of accounting and accounting affairs.

3) The Plaintiff’s term of office as the representative director exceeds KRW 600 million in total by providing apartment units owned by the Plaintiff as security and borrowing from financial institutions under the name of E from the financial institution. B. The Plaintiff and Defendant B’s letter of agreement, as indicated in attached Table 1, concerning “Agreement on the Waiver of Rights and Transfer of Rights to the Representative of Corporation Business Operators” (hereinafter “instant letter of agreement”).

(C) The Defendant B’s seal imprint (No. 2) is affixed to the Defendant B’s seal imprint (No. 1). (c) The instant agreement 1) is written in the debtor column of the letter of redemption agreement (hereinafter “the letter of redemption agreement”) on May 30, 2014 with the purport that the Plaintiff would pay the Plaintiff the Plaintiff the debt amounting to KRW 400 million prior to the Plaintiff’s water guarantee until December 30, 2015, and the Defendant B’s personal information is written in the joint and several sureties column, and the Defendants’ seal impression is affixed on the following.

(A) No. 3-1-2) Defendant B’s agreement on the repayment of borrowed money (hereinafter “the next certificate”) on December 10, 2014, with the statement in attached Form 3 stating that Defendant B shall repay the Plaintiff KRW 11 million borrowed from the Plaintiff to December 31, 2014, as well as the agreement on the repayment of borrowed money (hereinafter “the second certificate”).

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