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(영문) 수원지방법원 2017.02.09 2015가합3719

손해배상 및 부당이득금반환

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1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On December 24, 2012, Plaintiff A Co., Ltd. (hereinafter “Plaintiff A”) entered into an investment contract that includes the following (hereinafter “instant investment contract”) with Defendant C Co., Ltd (hereinafter “Defendant C”) and the Plaintiff A invested KRW 500 million in Defendant C, and provided KRW 60,000,000,000 in shares of Defendant C, and paid KRW 500,000 to Defendant C on December 28, 2012: < Amended by Act No. 11504, Dec. 18, 2014; Act No. 11373, Dec. 28, 2012>

Article 1 [Investment Obligations of Plaintiff A (hereinafter referred to as Plaintiff A)] refers an amount of KRW 500 million in Korean won to the corporate account (hereinafter referred to as “Defendant A”) of Defendant C (hereinafter referred to as “Defendant A”), up to December 28, 2012.

Article 2 [Obligation of Party A] Upon completion of investment obligation of Party B, Party A shall provide Party B with 60,000 shares of Company A, the par value of which is 5,000 per share through capital increase.

(A) Article 5: The representative director of A does not establish a third party company other than A after the date of the principal investment of B, and does not participate in equity investments such as personal qualification investments related to the establishment of the third party company.

The company and shareholders shall do their best to the interest of the company and shareholders, and shall not commit any act contrary thereto.

Article 6:A also obtains prior consent from shareholders when making equity investment in a third company after the date of the principal investment in the case of B.

Article 7:A:A shall comply with A’s request for access to and inspection of materials related to A’s accounting and provide data.

(B)

B. Defendant C entered into a contract for e-mail display (hereinafter “instant contract”) with Daeman Company J and J to arrange for the supply of e-mail TV sets to K Co., Ltd. (hereinafter “e-mail display contract”).

Since then on March 2013, J entered into a contract with the Defendant C to supply K Co., Ltd. and off-line TV sets.

[Reasons for Recognition] Facts without dispute, entry of Gap 4 and 5 evidence, defendant D's personal examination result, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. The defendant C's representative director of the defendant C's representative director is the defendant D of this case.