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(영문) 서울동부지방법원 2017.07.06 2015가합4298

주식인도 등

Text

1. The plaintiff's main claim is dismissed.

2. A business agreement concluded between the Plaintiff and the Defendant on June 26, 2014.

Reasons

1. Basic facts

A. The Plaintiff, as one shareholder of Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) owns all 20,000 shares issued by Nonparty Co., Ltd., (hereinafter “Nonindicted Co., Ltd.”), was engaged in the business of constructing a floating hotel on the ground of 1453m2 in Jeju Special Self-Governing Province in the name of Nonparty Co., Ltd. (hereinafter “instant business”). On May 23, 2012, the Plaintiff was sentenced to imprisonment with prison labor for a crime of fraud on the ground of the absence of the first instance court on May 23, 2012, and was arrested on March 7, 2013 and detained in the military prison from that time to October 28, 2014.

B. On June 26, 2014, while the Plaintiff was confined as above, ASEAN concluded a business agreement with the Defendant and F on behalf of the Plaintiff as described in Paragraph 2 of this Article on behalf of the Plaintiff, and its main contents are as follows.

(hereinafter referred to as the “instant business agreement”). The purpose of this contract is to provide for all matters necessary for Gap (referring to the plaintiff; hereinafter the same shall apply) and Eul (referring to the defendant and F; hereinafter the same shall apply) to perform new construction projects (referring to the instant business; hereinafter the same shall apply) under D at Jeju, and to distribute profits.

Article 3 (Roles's Functions and Duties) (1) In order to ensure that Eul successfully implements the new construction project, Gap shall appoint one of Eul as a joint representative director, and the remaining one shall be appointed as a director.

(2) A shall assist in the affairs deemed necessary under consultation in the course of performing a new construction project for B.

Article 4 (Roles and Duties of Section 4) (1) B shall be responsible for all the lawsuits related to the project in question.

(4) Within one month after the contract is completed, Eul shall pay 10% of the amount of this project agreement as down payment, and 90% of the remainder shall be paid to Gap within one month after the completion of the contract.

(5) Eul shall pay Gap a large volume of household water with the exclusive area of 264.462 square meters (80 square meters) of the five or more stories of the building completion of the project at the same time as the completion of the project.