(영문) 광주지방법원 2018.05.17 2017가합55270

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(영문) 광주지방법원 2018.05.17 2017가합55270

청구이의

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1. The plaintiff's claim is dismissed.

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

Reasons

(b)the arrangements shall be as follows:

1. In relation to the instant club, the amount of debts owed by the Plaintiffs to the Defendant is the sum of the following paragraphs:

① It appears that the amount equivalent to 29% of the shares in the instant club owned by the Defendant refers to the money that Plaintiff A would pay to the Defendant instead of receiving the amount exceeding 29% of shares in the instant club owned by the Defendant.

② Debt Amounting to KRW 200,000,000 as of October 25, 2016 (3) of KRW 50,000,000 for the debt amounting to KRW 24,205.24, 2016 (4) of KRW 50,000 for the debt amounting to KRW 50,00,000 for the debt amounting to KRW 25,205. 0

2. Under the condition that the Plaintiffs pay KRW 386,00,000 to the Defendant by July 5, 2016, the Plaintiffs and the Defendant shall settle the above obligations through the following methods:

① The Defendant transferred 29% of the shares to the instant club to the Plaintiffs.

- The Plaintiffs transferred to L (Defendant’s wife) the instant real estate owned by them in KRW 1,250,000.

- The Defendant’s decision to continue the pertinent business, including the business being carried out in the instant real estate, and the Plaintiffs did not raise any objection thereto. ② The Plaintiffs shall provide the Defendant with the shares of the instant club transferred from the Defendant at the same time as the instant agreement.

It seems to be necessary to secure the obligation borne by the plaintiffs to the defendant.

- to deliver to the defendant a notarial deed or notarial deed relating thereto.

- When disposing of the shares of the instant club that were transferred by the Defendant after the agreement of this case, the Defendant would obtain prior consent from the Defendant. 3 The Plaintiffs would sell welfare facilities in Gwangju Northern-gu and N, and pay 386,000,000 won to the Defendant with the proceeds therefrom.

④ If the Plaintiffs did not pay KRW 386,00,000 to the Defendant by July 5, 2016, the Plaintiffs shall implement the following matters to the Defendant:

- Payment of KRW 536,00,000 - The instant club that was transferred by the Defendant pursuant to paragraph 2(1) of the above Article.

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