계약무효확인
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 102,000.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 9, 2015, the Plaintiff, which has mining right (mining right No. C) in the Ilsan-si B, concluded a contract with the Defendant and the Defendant to the effect that the Plaintiff will engage in a mine development project based on the Plaintiff’s mining right (hereinafter “instant project”), including the Defendant, D (representative director of the Plaintiff), E, and the following (hereinafter “instant contract”), respectively.
Article 11 (Termination of Contracts) The terms "interested Parties" and "Investors" may terminate this Investment Contract in any of the following cases:
(1) If “interested persons” or “investorss” fail to perform or are practically difficult to perform their obligations under this Agreement, they shall make an investment of the converted preferential share of redemption of KRW 20 million (20,400 x 5,000 on face value) to “investment enterprises”.
(6) The list of shareholders following the completion of the investment under subparagraph (1) above is as follows.
If earned surplus (11) D 20,000 10,100 10,100 25.00 - 0% E - 9,900 24.50% (main) - 20,400 - 100% 40,000 40,000 / 100 100 / 1000 100.00 100.00 100.00% of the total of 20,400 - 100.0% of the total of 20,000 shares in shares after the investment made by stockholders, “investment company” shall distribute the profit for the profit at least once a year after consulting
B. The Defendant, on September 9, 2015, remitted to the Plaintiff KRW 102,00,000 (hereinafter “instant investment”) and requested the Plaintiff to issue the convertible preferential share pursuant to the instant contract, but the Plaintiff did not issue the said shares to the Defendant.
Accordingly, around March 14, 2016, the Defendant terminated the instant contract pursuant to Article 11 of the instant contract and notified the Plaintiff of the purport of seeking the return of the instant investment amount, and the said notification reached the Plaintiff around that time.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul Nos. 4, 5, 5.