약정금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The conclusion of the instant joint project execution contract (a evidence No. 1, the purport of the entire pleadings) entered into a joint project execution contract with C and D (hereinafter referred to as “Defendant side”) operated by the Defendant entered into a joint project execution contract with the F Co., Ltd. (hereinafter referred to as “F”) and G (referring to the Plaintiff’s referring), which is jointly engaged in the joint project with the contents of “F” and “G (hereinafter referred to as “F”).
The main contents of the contract include: F and G invest in the business of KRW 300 million and operate the above business jointly with the Defendant; change the trade name of C Co., Ltd. that the Defendant operated to H (hereinafter “H”); 50% of the shares out of H’s capital increase to H; 50% of the shares is acquired by the Defendant, by a third party designated by F and G; and the Defendant’s side, F and G bear losses according to their share ratio when the loss incurred due to management.
2. The Plaintiff’s assertion is a shareholder who has acquired 25% of the H’s shares in accordance with the above joint venture execution contract. The Defendant is obligated to pay 50% of the shares in a case where the Plaintiff incurred a loss to H pursuant to the joint venture execution contract. As such, the Defendant seek payment of KRW 100,000,000, which is a part of the loss in the year 2014.
3. The plaintiff is not a party to a joint project execution contract.
The main purpose of the joint project execution contract is to divide profits and losses between the parties by holding 50% of the shares of the defendant side and E and by operating the jointly determined rupture production business. It is not to give the right to claim profits and losses under the joint project execution contract to the shareholders or the holders of shares, other than the parties to the contract.
The defendant is not a party to the joint business execution contract, and there is no obligation to pay the plaintiff a loss under the joint business execution contract. Thus, the plaintiff's claim of this case is without merit without any further review.