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(영문) 서울고등법원 2015.01.16 2013나65521
약정금
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and the plaintiff's primary claim corresponding to the revoked part shall be revoked.

Reasons

1. The underlying facts D (hereinafter “A”) and E (hereinafter “B”) enter into an investment arrangement on the premise that A, in the F (hereinafter “project”) projects attracting, holding, and operating in Thailand, agree to make an investment.

Article 1 (Investment Arrangement Obligations A) The Party A undertakes to invest one thousand US dollars ($500,000, referring to the United States currency, hereinafter referred to as "$100,000") for the project.

investment shall be made in US$ currency at the time of investment.

Article 2 (Obligation of B) B shall make every effort to increase the common interests of project participants in a project under the premise of A's investment agreement.

Article 3 (Audit of A's Business) B shall, at the request of A, present in writing the matters concerning accounting and the balance sheet concerning the business and transactions, and report the overall matters concerning the business at any time.

Article 5 (Ratio of Distribution) A shall provide A with 20% of the net proceeds of the project as dividends to investments.

Article 7 (Settlement of Income)

1.B shall arrange in writing 20 per cent of the limited net proceeds after opening the project costs each day.

Here, the cost refers to all the operating expenses, such as cost, cost, fuel cost, complementary management cost, and cost of expendable goods.

2. Eul shall settle the dividends to Gap in two weeks unit. A.

On June 10, 201, the Plaintiff (at the time, whether the Plaintiff is the representative on the registry of D, but at least the Plaintiff appears to have entered into the following contracts with the lawful delegation of D’s representative) as the representative of Defendant B and E (hereinafter “E”) who is a corporation of the People’s Republic of China (hereinafter referred to as “China”), a representative of the People’s Republic of China (hereinafter referred to as “China”), shall provide a certificate of title 1 with respect to the Kani business (F; hereinafter referred to as “instant investment agreement”) operating a kind of play movable property in Thailand (hereinafter referred to as “E”).

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