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(영문) 서울남부지방법원 2015.07.16 2015가합100168
합의금 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) KRW 40 million and 5% per annum from January 16, 2015 to July 16, 2015; and

Reasons

1. Basic facts

A. 1) On April 29, 1998, the Defendant: (a) on April 29, 1998, the Defendant Company C (hereinafter “C”) for the purpose of manufacturing and selling medical device products.

After its establishment, C’s representative director is serving as C’s representative director from that time to that time. The Defendant is a corporation D (hereinafter “D”) for the purpose of manufacturing medical devices around March 2008.

(2) On December 1, 200, the Plaintiff was dismissed on January 2, 2013, 2013, after becoming a member of the Board of Directors C.

B. Around August 2012, the Plaintiff and the Defendant transferred 130 million won of shares C to the Defendant. However, 120 million won of the price was deducted from the Defendant’s remittance amount as of January 5, 2011, and entered into a share acquisition agreement with the effect that the remaining KRW 300 million would be remitted (hereinafter “instant share acquisition agreement”).

(2) On August 31, 2012, the Plaintiff agreed with the Defendant that “The Plaintiff and the Defendant shall pay to the Plaintiff in installments each year for five years from 2013 to 200 million won (the sum of the amounts received for five years each by 40 million won).”

(hereinafter referred to as “instant undertaking”). C.

On September 4, 2012, the Defendant remitted to the Plaintiff KRW 300 million out of the purchase price under the instant share acquisition agreement. 2) The Defendant paid to the Plaintiff KRW 10 million on January 31, 2013, KRW 20 million on April 10, 2013, KRW 10 million on December 30, 2013, KRW 40 million on December 30, 2013, and KRW 40 million on December 30, 2013.

(1) On March 4, 2013, the Plaintiff filed a lawsuit against C claiming damages, etc. due to dismissal on January 2, 2013, and received a judgment of partial acceptance on November 19, 2013 (Seoul Southern District Court 2013Gahap101440).

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