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(영문) 인천지방법원 부천지원 2018.06.01 2016가합103667
양도대금 청구
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 202,514,803 to the Plaintiff (Counterclaim Defendant) and its related amount from April 5, 2017 to June 1, 2018.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. On January 28, 2013, the Plaintiff and the Defendant established a company by investing in real estate, funds, etc., and concluded a joint investment contract with the following contents for the automobile dismantling business, etc.

(hereinafter “instant investment contract”). The instant investment contract (Evidence A No. 1) Article 1 of the Investment Contract (Incorporation of Joint Venture Company)

3. The head office shall be Kimpo-si C/D.

4. In principle, the representative director on the registry shall be the joint representative of “A” and “B” (Plaintiff). The representative director on the registry shall be the sole representative of “B” on duty and shall be the joint representative immediately upon the request of “A”.

II.(Capital Payment and Shares)

1. The total amount to be invested by the parties in a joint venture and the number and ratio of stocks owned shall be as follows:

1) A: 5,00 won per share (500 shares) 50% per share, 60%) b) : 5,000 won per share (500 shares) 50% per share, and 40% for shares in real estate.

2. The total paid-in capital at the time of the incorporation of a joint venture is 1.45 billion won and is about 1.45 billion won.

The amount of investment shall be KRW 890,000,000 (662,00,000,000,000,000,000 won, including funds for purchasing real estate and public charges, and 230,000,000).

The amount of investment in Mongolia: 561 million won (360 million won for the facilities and establishment of the scrapping track, 20 million won for the establishment of the scrapping track, 200 million won for the Mongolian place of business)

3. Mongolian place of business (real estate premium = 200 million won) holding in the name of "B" is owned by a joint venture company, and the name (the cost) of Mongolian place of business (the cost borne by the "B") shall be changed to a joint venture company at the request of "A".

(b) Article 5 (Business Allocation)

1.B “B” shall ensure that all business affairs of E are carried out by Co., Ltd.

2. “B” shall be notified to “A” by arranging the details of each day the purchase and sale, and shall at any time notify the status of the purchase and sale at the request of “A”.

3. Where the matters as referred to in paragraph (2) are false or omitted, all the damages resulting therefrom shall be compensated.

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