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(영문) 광주고등법원(전주) 2017.12.21 2016나13043

투자금 반환등

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

(b)a sum of 3 million won plus 2 per cent of the total net profit of Defendant E Company E’s Felel.

5. Business Responsibilities - The Plaintiff shall exercise overall control over the financial management of all D groups, including overseas subsidiaries, and assume substantial authority over the overall management of the Defendant Company and responsibility for its business performance.

On July 29, 2011, the Plaintiff (Signature) signed by the Plaintiff on July 29, 201 between Defendant C and Defendant C on July 29, 201, refers to the agreement between D Group E, Defendant E, Limited Liability Company B (hereinafter “Defendant”) and Felel”) and the first shareholder agreement between the Plaintiff and Defendant C on July 29, 201.

1) Formation has been made, and the main contents are as follows:

2) On August 17, 2012, the Plaintiff entered into a written agreement between the second shareholders of the D Group D Group D Group D with Defendant C, a written agreement between D Group D (H, Defendant Company, and L) and the second shareholders of D Group D Group D Group D Group D Group D Group D Group D Group 2, which is the main shareholder thereof.

Details are as follows:

D Group 2 Shareholders' Agreement * Company H, Defendant Company, L

1. Under the condition that the Plaintiff acquires 50% (Plaintiff 25% M 25%) of the Defendant Company’s capital, the Plaintiff is to revoke 35% of the Defendant Company’s stocks and 35% of the H equity in the existing investment.

Therefore, 20% of the H shares acquired by the Plaintiff shall also be refunded.

2. Since then, the overall business management, such as fund management and financing, of the Defendant Company, shall be determined in consultation with K, a shareholder of the Defendant Company, and the overall business management, such as H and L fund management and financing, shall be decided by Defendant C.

6. Other - The Plaintiff has the right to use without compensation the third floor office of the Defendant Company’s separate office on the condition that the Plaintiff acquires and maintains 50% of shares.

Provided, That in cases of direct dwelling, remodeling expenses shall be borne by the principal.

The Plaintiff (Signature) of Defendant C (Signature) on August 17, 2012

B. In accordance with the agreement between the Plaintiff and K, the Plaintiff prepared a written agreement between the Plaintiff and K, 50% of the shares of the Defendant Company.