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(영문) 제주지방법원 2017.01.12 2015가합11515

해임무효청구

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On June 26, 2014, D’s ASEAN owned 100% of the shares issued by the Defendant and entered into a contract with the Plaintiff and C (hereinafter “instant contract”) on behalf of D on behalf of the Plaintiff and C who was in prison.

Section 1 (Purpose) The purpose of this Agreement is to provide for all matters necessary for Gap (referring to D; hereinafter the same shall apply) and Eul (referring to the plaintiff and C; hereinafter the same shall apply) to carry out a new construction project in F at Jeju and to distribute profits.

Article 3 (Roles's Functions and Duties) (1) In order to ensure that Eul can conduct the new construction project in a successful manner, Gap shall appoint one of Eul as a joint representative director, and the remaining one shall be appointed as a director.

(2) A shall provide assistance as deemed necessary in the course of performing a new construction project for B.

Article 4 (Roles and Duties of Section 4) (1) B shall be responsible for all lawsuits related to the project.

(2) Eul shall dispose of all the obligations related to the business, such as the principal debtor G taken over by the Korea Asset Management Corporation from the Suhyup.

(4) Within one month after the contract is completed, Eul shall pay 10% of the amount of this project agreement as down payment, and 90% of the remainder shall be paid to Gap within one month after the completion of the contract.

(5) Eul shall pay Gap a large volume of household water with the exclusive area of 264.462 square meters (80 square meters) of the five or more stories of the building completion of the project at the time of completion of the project.

(7) B shall perform duties deemed necessary through mutual consultation with Gap.

(8) Eul is aware of all civil or criminal matters related to the defendant until the time when the contract is concluded, and therefore Eul shall not raise any objection as a joint representative with the defendant.

(9) Eul shall take the lead in dealing with all civil and criminal problems of the defendant that arise after the contract enters into force.

Article 7 (Termination of this Agreement) (1) A and B shall perform this Agreement, and if the contract is not implemented, it shall be terminated and immediately.