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(영문) 울산지방법원 2015.05.14 2014가합18120
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 30, 2012, the Defendant entered into an investment agreement with F Co., Ltd. (hereinafter “Nonindicted Company”) as follows (hereinafter “instant agreement”), and the Plaintiffs signed and sealed the agreement as a performance bond of the Nonparty Company.

B. Major contents of the instant agreement are as follows.

The representative director G of the non-party company company G shall be referred to as “A”, and the defendant and five other persons shall be referred to as “B”.

Article 1 [The Purpose of Agreement (Investment)] The objective of this Arrangement is to provide for basic matters concerning the rights and obligations between A and B by winning all the incidental facilities such as land and its ground apartment and commercial buildings (hereinafter “instant project”) with respect to the HPT Implementation Corporation (hereinafter “instant project”) and to successfully conclude the project.

Article 2 [Business Contents of H apartment] ① A has the business right authorization, permission, lien, and other rights with respect to the business in this case.

(2) B shall invest KRW 6,000,000 ( KRW 6,000,00) in order to promote the project in this case.

Article 3 [Obligation A] ① A shall be fully responsible for the lien, sale in lots, execution and enforcement provided for in the notice of public auction.

(2) A shall be paid to B KRW 300,000,000 ( 6,000,000) of the investment principal, which shall be 30,000,000,000,000 for other investment dividends.

(3) A shall pay 10% of the equity interest of a corporation to be awarded a successful tender to B.

④ 갑은 을에게 투자금 및 배당금을 담보하기 위하여, ㉠ 양산시 I, J, K ㉡ 양산시 L, M, N, O, P ㉢ 양산시 Q, R, S, T, U, V ㉣ 양산시 W, X, Y, Z ㉠, ㉡, ㉢, ㉣ 각 토지에 관하여 채권최고금액 일백삼십억 원(\13,000,000,000)으로 근저당권 설정을 해주기로 한다.

5. “A” shall use “B”’s investment KRW 6,00,000 ( KRW 6,000,000) only as the price for the successful bid of HPT; “A” may invest in other projects with the consent of “B” when used for other purposes; and even in such cases, it shall proceed in accordance with the investment agreement.

Article 4 [Obligations to B] (1) B shall be subject to the above public auction.

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