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(영문) 수원지방법원 2020.12.29 2020가단517598

배당이의

Text

The plaintiff's primary and conjunctive claims are dismissed, respectively.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. While engaging in the business distribution business, the Defendant was introduced a G in which the Defendant’s intra-company director E was planning the business processing business through the introduction of F. On December 13, 2016, a joint investment contract was prepared between the Defendant and G, and the main contents are as follows (hereinafter “Defendant A” and “B” hereinafter) (hereinafter “instant investment contract”).

(2) The Fund Investor A and the Joint Investor B shall enter into the Fund Investment Agreement (tentative name) with respect to the establishment of a business processing company A and the Joint Investor D as follows. Article 2 / [Investment Matters] A and B agree to invest a total of KRW 450 million in the establishment of a business-affiliated company A and KRW 300 million in cash, KRW 150 million in cash, and KRW 100 million in capital : 1:0 million in capital - KRW 100 million in cash - KRW 170 million in cash advance payment - KRW 100 million in cash payment - KRW 100 million in cash payment - KRW 100 million in cash payment - KRW 20 million in capital - KRW 20 million in capital - KRW 100 million in cash payment after the establishment of a corporation : KRW 20 million in capital - KRW 300 million in cash payment - KRW 400 million in capital stock of the first corporation - KRW 3000 in cash payment - KRW 5000 billion in capital.

2. The composition of other officers of the LAD shall be determined by mutual agreement with Gap; and

Article 4 (Principle of Company Operation)

1. The representative director of the LABD shall be determined by Section B and shall be responsible for the overall operation of the company;

2. A shall not participate in the overall operation of the company of the Dispute Resolution and may designate a person in charge of finance-related matters.

3. The distribution of investment profits, etc. shall be determined by mutual agreement between Gap and Eul through a general meeting of shareholders.

Article 7 (Recovery of Funds) If damage is incurred due to delay in the collection of funds due to the apparent reason for the management of the Fund of Section 7 (Recovery of Funds) A may request Section 2 to acquire the investment shares and return the amount of investment.