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(영문) 수원지방법원 2019.05.09 2018가단523859
수수료 약정금 청구의 독촉
Text

1. The Defendant shall pay to the Plaintiff KRW 53,276,960 and the interest rate of KRW 15% per annum from May 18, 2018 to the day of complete payment.

Reasons

Facts of recognition

The net C, D, and E held 15% shares of each of them as the major shareholders of F Co., Ltd. (hereinafter referred to as “Nonindicted Co., Ltd.”).

C Deceased on August 17, 2012, the Defendant, his spouse, succeeded to 6.6% shares of 4.2% each, G, and H.

On January 21, 2015, the defendant entrusted the sale of the shares and management rights of the non-party company owned by himself, and entered into a contract with the purport that 2.2% (including value-added tax) of the shares and the sale price of management rights shall be paid as fees, and if the sale is not made, the fee shall not be paid.

On February 18, 2016, the Defendant sold 71,113 shares out of 131,655 shares to KRW 40,00 per share, total amount of KRW 2,84,520,00 per share. From January 1, 2018 to February 28, 2018, the Defendant agreed to have the right to demand that the Defendant purchase the remaining shares of the Defendant to KRW 40,00 per share.

On February 19, 2016, the Defendant paid KRW 62,579,440 to the Plaintiff KRW 2.2% of the fee corresponding to KRW 2,844,520,00.

On February 1, 2018, the Defendant used put put options to the I Limited Company, and received KRW 2,421,680,000 as the purchase price on March 2, 2018.

[Ground of recognition] According to the above facts of recognition as to Gap evidence Nos. 1, 2, 9, and Eul evidence Nos. 1, and the grounds for a claim as to the purport of the entire pleadings, the defendant is obligated to pay to the plaintiff fees under delegation and contract of commission (=2,421,680,000 x 0.22) and damages for delay, unless there are special circumstances.

The judgment of the defendant on the defendant's assertion has concluded a delegation or fee contract with the plaintiff on the condition that the defendant trade the shares of major shareholders, including the shares held by G and H, not only the defendant's children, but also G and H. However, the defendant's children are not recognized as major shareholders, and the sale price of the shares is not KRW 40,000 per share.

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