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(영문) 인천지방법원 2015.06.03 2014가단39847

양수금

Text

1. On the basis of the conjunctive claim, the Defendant: (a) KRW 16,250,000 for the Plaintiff and its related thereto, from June 25, 2014 to June 3, 2015.

Reasons

1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in the entries in Gap evidence Nos. 1 to 4 and Gap evidence No. 7:

Defendant, Nonparty C, D, E, etc. are engaged in the manufacture and charging business of Indonesia LP on January 2007, and the same year.

8. On May 1, 200, around F Co., Ltd. (hereinafter “F”) established for the purpose of charging and selling LPgas was the representative director, the Defendant was the inside director, D on April 15, 2010, respectively, and C and D invested KRW 142.5 million in relation to the above business, and the Defendant invested KRW 40 million in each of the above businesses.

B. The Defendant and the above C, D, and E agreed to establish a local corporation with permission from the Korea Overseas Investment Agency in Indonesia on November 2007, but in order to waive the above project due to financial shortage, etc. and to use the existing overseas corporation and to compensate for losses incurred by the ELgas filling project, the Defendant and the above C, D, and E entered into an investment agreement on April 23, 2009 with respect to the above flexible import project with the following contents:

(hereinafter referred to as "investment agreement of this case"). Shares in ownership of Article 4 (Shares and Profit-Sharing Shares): C (3 shares), D (3 shares), defendant (1 shares), E (1 shares), and H (1 shares) shall be determined.

If a certain amount of profit accrues as the business has been smoothly conducted according to the above shares, the profit distribution shall be distributed quarterly in accordance with the shares ratio.

Article 5 (Distribution Rate at the time of Sale and Liquidation of Juristic Persons) Where sale or liquidation is conducted as it is deemed impracticable to maintain a business any longer due to a loss of investment caused by the failure of the progress of the business, loss of investment funds shall be divided into equal terms and conditions with the same proportion, regardless of shares, by investors, and where sale is made at a higher amount than the amount of investment funds, the distribution rate shall correspond to the same standard

However, G and H are investment costs and losses.