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(영문) 수원지방법원 성남지원 2018.03.20 2017가단217747
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 2010, the Plaintiff established a corporation for the purpose of beauty art products manufacturing business, etc. (hereinafter “instant company”) by concluding a partnership agreement with the Defendant, and invested or invested KRW 60 million in the said company.

B. On May 2, 2014, the Plaintiff and the Defendant agreed to liquidate the foregoing partnership and concluded an investment termination contract (hereinafter “instant investment termination contract”). The gist thereof is as follows.

Article 1 [Terms and Conditions of Investment Contract] A (the plaintiff, hereinafter the same shall apply) of the Investment Termination Contract shall be based on the transfer of management rights and all rights to the Investment Bank Co., Ltd. (the defendant, hereinafter the same shall apply) to the Investment Bank Co., Ltd. (hereinafter the same shall apply) and the conversion of the investment funds to the Loan Co., Ltd. (hereinafter referred to as the "Investment Bank Co., Ltd.) and the joint repayment of the amount of cash loans (including the investment capital) , 60

Article 2 (Procedures for Implementation)

1. B shall return the full amount of loans to A by June 30, 2012;

2. A’s shareholdings in C (50 per cent including persons concerned) shall be transferred to B automatically at the time when B completes the return of its investment funds.

3. B shall pay Party A 3% price for each month plus 1.5% per month from May 1, 201 to the date of completion of the return of the investment amount (based on the balance at the time of installment repayment) by 1.5% per month from the interest, investment premium (based on the recovery risk, loss opportunity cost, management right, transfer of goodwill, etc.).

4.A may not consolidate the exercise of rights (including management and business performance) with respect to ownership shares during a normal period in which paragraph 3 above is made.

Article 4 [Cancellation of Contract] A may invalidate Article 2(4) and exercise the right to shares in ownership if B fails to comply with the following terms:

However, in such cases, A shall additionally invest an investment amount of less than 100 million won in addition to the remaining investment amount of unpaid recovery, and B shall make an investment amount.

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