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(영문) 대구지방법원 2013.11.07 2013가합200517

약정금 등

Text

1. The plaintiff's lawsuits against the defendant E and the defendant F are all dismissed.

2. The Plaintiff Company B, Defendant C, and Defendant.

Reasons

1. Basic facts

A. The Plaintiff’s investment agreement between the Plaintiff and the Defendant B entered into a contract with respect to the Plaintiff’s cash investment in relation to the Hanam-si New Housing Construction Project ( Site area: 24,476 square meters/8,008.9 square meters) promoted by Defendant B as follows.

Article 1 (Investment Obligations of the Plaintiff) The Plaintiff shall invest 500,000,000 won to Defendant B on the following terms:

(1) Until October 12, 2007, 100,000 won shall be invested in cash.

(2) Until October 21, 2007, 200,000 won shall be invested in cash.

(3) Until November 2, 2007, 200,000 won shall be invested in cash.

Article 2 (Obligation of Defendant B) (1) When the Plaintiff completes its investment obligation under Article 1(1), (2), and (3) (the same shall apply to paragraphs 2, 3, and 4 below), and Defendant B’s shares of Defendant B are transferred through a transfer agreement to the Plaintiff.

② Defendant B’s representative director, who was promoted, provides the Plaintiff with a security interest to 30% of the shares held by H business.

③ Defendant B shall purchase one parcel of land in the business area for the investment fund, and then create a collateral security in the name of the Plaintiff’s amount invested and the name of the Plaintiff.

④ Defendant B shall distribute profits from the shares transferred to the Plaintiff at the time of distributing profits from the current business area according to the equity ratio.

Article 3 (Audit of Plaintiff’s Business) Defendant B, at the request of the Plaintiff, present at any time in writing the matters concerning accounting and the balance sheet on the business and transactions, and report on the overall business, and at the time of completion of Article 1, the Plaintiff shall be registered as Defendant B’s director.

1) The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”).

(2) On October 23, 2007, the Plaintiff: (a) drafted an investment contract on October 12, 2007; (b) pursuant to the said investment contract, the Plaintiff transferred KRW 500,000,000 on October 12, 2007, KRW 100,000 on October 22, 2007, KRW 100,000 on October 23, 2007, KRW 100,000 on October 23, 2007, and KRW 200,000,000 on November 2, 2007, and KRW 50,000,000 on the aggregate to the Defendant’s account.

3 Defendant C shall be on November 6, 2007.