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(영문) 서울남부지방법원 2016.07.21 2015가단226865
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 9, 2012, Defendant C established the Defendant Company B (hereinafter “Defendant Company”) with D to engage in the business of developing and selling stone in China, and was appointed as the representative director.

B. On July 2012, Defendant C and D completed an explanatory meeting on the instant project based on the Plaintiff’s evidence No. 2 (China E Development Project Plan), the representative director of the Plaintiff Company, and the Plaintiff’s head of G office, in order to attract investment in the instant mining project (hereinafter “instant project”). Defendant C and D are expected to yield approximately KRW 1 billion each year from the second-year main production when the initial investment in the instant project is to be invested.

C. On October 18, 2012, between the Defendant Company and the Defendant Company, the Plaintiff Company entered into an investment agreement, such as the attached Form No. 3 (hereinafter “instant investment agreement”) with respect to the instant business, and remitted KRW 80 million on October 19, 2012 and KRW 20 million on October 22, 2012 to the Defendant Company, respectively.

In addition, upon the request of the representative director F of the Plaintiff Company, the Defendant Company transferred 15% of the shares of the Defendant Company to H, who is an employee of the Plaintiff Company.

According to the investment agreement of this case, the defendant company should distribute profits to the plaintiff company in proportion to the share ratio if the business profit of this case occurs, and shall make annual settlement of business performance as of the end of each year, and report it to the plaintiff company. When a situation that is likely to seriously interfere with the execution of business occurs, the defendant company should notify the plaintiff company of such fact without delay.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 26 and 28 (including branch numbers; hereinafter the same shall apply), witness D's partial testimony and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The summary of the Plaintiff Company’s assertion is the primary and conjunctive cause for the Defendants.

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