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Reasons
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(영문) 울산지방법원 2018.10.12 2018가단53681
약정금
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. In around 2003, Plaintiff A invested KRW 22 million, thereby jointly establishing Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with Defendant D. The shares of the Defendant Co., Ltd. owned 49% by Plaintiff A, Plaintiff B (C’s father) by 1%, and Defendant D owned 50%.

B. On November 4, 2004, the Plaintiffs and the Defendant Company drafted a sales contract for share transfer of 50% of the shares of the Defendant Company (hereinafter “instant contract”) to Defendant D, the representative director of the Defendant Company, on the following terms: Defendant D affixed the seal on the instant contract as joint and several sureties.

The phrase "notarial deeds" is written at the lower right of the contract of this case, No. 10856, 2004.

1. Subject to the condition that the transferor, A and B’s 50% of the shares are transferred to D, the transferee shall pay the transferor, as of the end of each month, the amount of 2,500,000 won (2,50,000) for each month until the completion of the business; and

2. The above matters shall be paid fixed to the transferee C (main representative director) D, regardless of black or red persons, when the transferee C (main representative director) D is operated solely.

4. The representative director D shall pay to B a million won (22,00,000 won) by the end of December 2004.

5. The matters No. 1 may be re-consultationed in 2010, and the terms and conditions of the consultation may be modified if both parties are favorable at the time of consultation.

7. The above contents shall be kept in one copy after the authentication.

C. On the other hand, on November 5, 2014, the Plaintiffs and the Defendant Company drafted a notarized deed of debt payment contract (hereinafter “notarial deed of this case”) No. 10856, 2004, stating that “The Defendant Company shall bear the obligation to the Plaintiffs at KRW 180,000,000 for the share purchase price of the Defendant Company, and shall pay KRW 2.5 million on the 30th day of each month from November 30, 2004 to October 30, 2010, respectively, on the 30th day of each month.”

Defendant.

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