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(영문) 서울동부지방법원 2019.01.24 2018가단104543

증권

Text

1. When Defendant C entered into an MOU with D Association and E Co., Ltd. F, the Plaintiff.

Reasons

1. Basic facts

A. On July 30, 2009, E Co., Ltd. (hereinafter referred to as “Co., Ltd.”) is a corporation established for the purpose of real estate development consulting and management services, etc. with the amount of KRW 50 million per share, KRW 5000 per share, and the total number of issued and outstanding shares of KRW 10,000. The defendants are major shareholders who own 50 per share of the above Co., Ltd. and are the representative director of the above Co., Ltd. and Defendant C are the auditors of the above Co., Ltd.

On March 31, 2014, a person retired from office at the expiration of the term of office.

B. On December 21, 2010, E entered into a service contract with the non-party partnership (hereinafter “non-party partnership”) to select the non-party partnership as the executor of E (hereinafter “instant business”).

C. On March 1, 2011, the Plaintiff (B) entered into an investment contract under a share sales contract with Defendant B and Defendant C (hereinafter “instant investment contract”) with the following content.

1. “B” shall invest KRW 50 million to “A”, and shall pay KRW 50 million upon the conclusion of this contract, KRW 250 million on April 10, 201, and KRW 200 million after the conclusion of MOU.

2. The term “A” shall transfer the shares of “A” in return for the investment funds of “B”.

Transfer shares shall be transferred to “B” 10% of the shares of “B” immediately after the balance of investment funds of “B” is paid in full.

Provided, however, after “B”’s investment intermediate payment is made, “B” shall be registered as a registration director.

3. “A” and “B”, separate from the capital of “E”, recognize the investment amount of “A” as KRW 3 billion from the commencement date of the project and recognize the investment amount of “B” as KRW 500 million from the commencement date of the project.

4. The position of “B” after the conclusion of the MOU shall be the managing director in charge of management, and the remuneration of “B” shall, regardless of the starting date of work, be paid on the day following the conclusion of the MOU and calculated on the following day.

5.After entering into this Agreement, the Executive Director shall: