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(영문) 창원지방법원 마산지원 2017.02.22 2016가단6104
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 29, 2015, Nonparty C (hereinafter “Nonindicted Company”) sold each of the real estate listed in the separate sheet owned by Nonparty C (hereinafter “each of the instant real estate”) to Nonparty D for KRW 3 billion. On the same day, the registration of ownership transfer for each of the instant real estate was completed on July 29, 2015 under D’s name.

B. On July 24, 2015, the Defendant resigned from the inside director of the non-party company, and the non-party E was the director and the representative director of the non-party company on the same day, and the non-party F was the director of the non-party company on the same day.

C. On June 22, 2015, the Defendant, as the representative of the non-party company, prepared a “performance letter” (hereinafter “instant performance letter”) stating that “In selling the non-party company’s assets and corporation, the Defendant shall pay 180,1750,000 won to the non-party company’s 50% shares (non-party G) among the total sales price of KRW 3 billion to the Plaintiff as her husband, and if the sale is not effected, the consent and certificate of personal seal issued shall be returned to the Plaintiff. After the payment, the Plaintiff and the auditor of the non-party company, the auditor of the non-party company, and G, the auditor of the non-party company, shall not raise a civil or criminal objection against the transfer of all shares to the Defendant.”

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 3, Eul evidence 1, 2, 5, 6-12, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff asserts that the Defendant is obligated to pay to the Plaintiff the amount of KRW 181,750,000,000,000 to the Plaintiff when selling each of the instant real estate in KRW 3 billion upon delivering the instant performance note to the Plaintiff (hereinafter “instant agreement”). Since the real estate in fact was sold in KRW 3 billion, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 181,50,000,000 and the delay damages.

B. Therefore, we can see, 1. The defendant's objection.

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