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(영문) 청주지방법원 2018.11.21 2017나1586

투자금반환

Text

1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the following order of payment:

Reasons

1. The purpose of this Business Arrangement A, Article 2 (Purpose), Section B/C, Inc., A, “A”, is to invest part of the cost of the instant project that A is proceeding with, and to provide for the basic rights and obligations relationship with, A and facilitate the successful implementation of the project on the basis of mutual trust and good faith.

Article 3 (Business Sharing and Cooperation Obligation) A and B shall share and cooperate as follows in order to achieve the objectives of the instant project:

(1) Obligations A: In principle, A shall promote the instant project and proceed with it successfully.

(2) Obligations of Section B: He/she shall ensure that Party A invests in part of the progress of the project in order to ensure smooth progress of the project.

Article 4 (Distribution of Shares) A shall allocate to B shares equivalent to 10 percent of the net operating profit.

“A” B & C address: H business operator number in the Masung-si of Gyeonggi-do: I representative director: C “A”

A. On January 22, 2011, the Plaintiff entered into an agreement with Defendant Company B (hereinafter “Defendant Company”) on the allocation of shares with the content that the Defendant Company would invest part of the operating cost in the E-family housing business (hereinafter “instant agreement”), and the main content is as follows.

B. 1) Meanwhile, Defendant D’s NiceJ commenced the instant project from around 2006 to jointly implement a real estate development project with J, and F intended to establish the Defendant Company, but both J and F have difficulty in establishing a corporation in its name as a bad credit holder, and Defendant D’s representative director was established for the purpose of the housing construction project, etc. on August 23, 2007. (2) Defendant Company was ordered to be dissolved pursuant to Article 520-2(1) of the Commercial Act on December 2, 2013, and the dissolution registration was made on the fifth day of the same month.