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(영문) 수원지방법원 2016.05.24 2015가합67997 (1)
약정금
Text

The Defendants jointly set forth the Plaintiff KRW 500,000,000 and KRW 300,000 among them, from May 1, 2014, and 200,000.

Reasons

Facts of recognition

A. The Plaintiff, Nonparty D, E, F, G, H, I, and J (hereinafter “transferor”) are shareholders holding 200,000 shares issued by Nonparty K Co., Ltd. (hereinafter “Nonindicted Company”), and Defendant B is the representative director of Defendant C (hereinafter “Defendant C”) from September 30, 2010.

B. On January 11, 2013, the Plaintiff entered into a contract on behalf of the transferor, under which Defendant B, C, Nonparty L, and M (hereinafter referred to as “transferee”) transfer 20,000 shares issued by the non-party company and management rights (hereinafter referred to as “instant transfer contract”).

C. The instant transfer contract provides that the transferor is paid the down payment of KRW 100 million on the date of the contract, the intermediate payment of KRW 400 million on the date of the contract, the balance of KRW 100 million on April 30, 2014, and KRW 500 million on April 30, 2015, and the balance of KRW 500 million on April 30, 2015, and KRW 500 million on April 30, 2016. In the event the intermediate payment is paid, the transferor delivers documents necessary for the transfer of management rights to the transferee, and even if the balance of the share acquisition is not paid, the entire shares are transferred on a conditional basis of the payment agreement for the share acquisition price.

On January 11, 2013, between Defendant B and Defendant B, the Plaintiff was selected as advisory members of non-standing executives for two years to receive audit and management know-how regarding the transfer of management rights of the non-party company. The Plaintiff drafted an agreement on management consulting with the non-party company’s non-standing executive members for two years, on April 30, 2014 and on April 30, 2015 (hereinafter “instant advisory agreement”).

Defendant C guaranteed the above payment obligation of Defendant C on the same day.

E. After that, on May 27, 2013, the Plaintiff decided to re-sale “non-party company” in the latter part of 2014 to resolve disputes arising in connection with the instant transfer contract, but the Plaintiff invested the ratio of share distribution and the operating fund of the non-party company until re-sale.

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