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(영문) 서울중앙지방법원 2016.10.07 2015가합3049

약정금 등

Text

1. The Plaintiff:

A. As to Defendant C and E jointly and severally KRW 570,673,660 and KRW 100,000,000 among them, Defendant C and E shall be jointly and severally liable for the payment of KRW 570,673,660

Reasons

1. Facts of recognition;

A. F is the Plaintiff’s internal director, Defendant D is the representative director of Defendant B Co., Ltd. (hereinafter “B”), and Defendant E is the representative director of Defendant C Co., Ltd. (hereinafter “C”).

B. 1) On July 13, 201, the Plaintiff, Defendant B, and C agree as follows (hereinafter “instant agreement”).

Section 1. The definition of this Agreement (as regards the main business and its subsidiary business), the primary business set forth in this Agreement is Russia mine development and the income of flexible coal, and is set forth as the main business as the incidental business as the business related to the development of the port of shipment, shipping, logistics, etc. of the fuel import process.

ii)and Byung (Defendant C means the defendant C;

(ii)to import smoke in the part of Russia and in the part of Russia and in the part of Russia, using its secured Russia human network, and to Gap (Plaintiff)

1) Section B and C shall set forth the following obligations: (a) Section B and C shall meet the following obligations:

The work, production, etc. shall be conducted in advance for the importation of local partnerships.

(b)to secure the port of loading for Russia and to purchase flexible coal;

All of the work of settling the final demand for the payment of flexible coals L/C and cash.

The business affairs of trade-oriented corporations and ancillary matters shall be responsible for such corporations.

2) A must fulfill the following obligations to B and C. A. A. A. A. project costs arising from the import of flexible coal (posts)

(b) Support for local shipment, logistics, and administrative affairs;

C. immediately after this Agreement has become effective, the following shall be disposed of the amount agreed to invest 600 million won:

100 million won shall be remitted in accordance with the date and time agreed in the name of the corporate account and representative account of Eul, and KRW 500 million shall be established in L/C Byung, and (afterward) section 4. (Receive profit distribution) In respect of the principal of the investment loan of KRW 200,000, the principal shall be repaid in a lump sum on December 201.