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(영문) 서울중앙지방법원 2018.10.23 2018가합546448

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 2016, Defendant C and D Co., Ltd. (hereinafter “D”) entered into a business investment agreement with Defendant C and D to pay the remainder of the domestic and large enterprise (hereinafter “instant primary business investment agreement”) by June 30, 2016, with a view to jointly establishing three corporations, including “F” and “G” in the Republic of Korea jointly with Defendant C, whereas the amount invested by D to Defendant C is KRW 1.3 billion until March 18, 2016, and KRW 30,000,000,000,000, and June 30, 2016 (hereinafter “instant primary business investment agreement”).

B. D paid Defendant C totaling KRW 50,000,000 from March 18, 2016 to the 24th of the same month in accordance with the instant first business investment agreement.

C. On May 19, 2016, H and Defendant C established Company I (hereinafter “I”) with the amount of KRW 100,000,000 that H remitted to Defendant C as capital, and Defendant C was the representative director and the director in-house.

On June 13, 2016, the plaintiff was established for the purpose of attracting investment and consulting business, travel business, leisure sports business, etc., and H was appointed as the representative director.

E. On June 17, 2016, the Plaintiff and I established the following business investment contract (hereinafter “instant secondary business investment contract”) instead of the instant primary business investment contract.

Article 1 The purpose of this Agreement is to prescribe related matters, such as business operation, distribution of profits, etc., by investing funds in the domestic and large enterprises owned by "A (I)" in the domestic and large enterprises.

Article 2 The scope of business investment is limited to the scope of investment in only three companies, which are domestic corporations, i.e., “stock companies I”, and large-scale “G” corporations, i.e., “B”.

(hereinafter referred to as “investment corporation”) Article 3 of the Act is the first direction of the business.