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(영문) 서울남부지방법원 2021.01.29 2020가단233195
기타(금전)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 2014, the Plaintiff prepared an investment agreement (No. 3 evidence) with the Defendant, which was promoting the successful bid of the trustee of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the business of the Plaintiff (hereinafter “instant investment agreement”) as follows (hereinafter “instant investment agreement”), and on April 30, 2014, the Defendant invested KRW 200,000 in KRW 30,000,000 in the Defendant’s shares issued.

The plaintiff of the Investment Agreement shall agree on the procedures and follow-up matters for making investments to the defendant as follows:

Investment Funds

A. The Plaintiff shall invest KRW 630 million.

B. The defendant shall include all the amount invested by the plaintiff as the defendant's capital, and recognize 50.1% of the shares issued by the defendant.

2. Conditions for the fulfillment of investments;

A. The Plaintiff shall first invest KRW 200 million in April 30, 2014, and thereafter, shall additionally invest KRW 430 million in a case where the consortium to which the Defendant belongs is designated as an entrusted business operator in the bidding procedure for the entrusted business operator of the C business promoted by the Defendant.

B. If the consortium to which the defendant belongs is not designated as an entrusted business entity, the defendant shall refund the amount of KRW 200 million to the plaintiff within one year.

Provided, That the plaintiff shall cooperate with the Republic of Korea in investment, etc. necessary for the progress of the project with respect to the Philippines and Vietnam projects that the defendant has promoted after.

2) Around that time, the Plaintiff and the Defendant drafted a share acquisition contract with the following contents as of April 29, 2014 regarding the Plaintiff’s capital investment, share acquisition, etc.

Article 1 [Purpose] This Agreement refers to the Plaintiff’s support for all the expenses incurred by the Plaintiff in participating in the contract as a member of C3 entrusted business entities that the Defendant promoted, and the Defendant’s participation in additional shares is selected as an entrusted business entity in the future.

Article 2 [Investment in Funds)

1. The plaintiff shall contribute 630 million won to the defendant in relation to the C business.

2. The plaintiff invests only KRW 200 million.

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