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1. Plaintiff B. Of the judgment of the court of first instance, the primary claim that falls under the following order to pay:
Reasons
1. Facts of recognition;
A. Plaintiff A (hereinafter referred to as “A”) is a company running an information and communications construction business, etc., and Plaintiff B is the representative director of Plaintiff B.
(b) D is a person running an information and communications construction business in the trade name of E;
The F Co., Ltd. (hereinafter referred to as the "F") is a company running an information and communications construction business, etc., and the defendant is a company running real estate consulting and brokerage business.
C. On June 10, 2014, Plaintiff A entered into an information and communications construction contract (hereinafter “instant transfer contract”) with D and 51,000,000 won as the Defendant’s intermediary (hereinafter “contract amounting to 5,000,000”) and remitted KRW 6,50,000,000 in total, including KRW 5,50,000 on June 17, 2014, and KRW 1,000,000, as the Defendant’s account.
Plaintiff
On June 20, 2014, the Plaintiff B and the Defendant concluded a financial investment agreement between the Plaintiff B and the Defendant on the ground that it is difficult to convert the license for a personal name into the name of a corporation, and instead, on June 20, 2014, the instant transfer contract is null and void. On the other hand, the Plaintiff B and the Defendant entered into an information and communication construction business division of F and the Plaintiff A, which are operated by the Defendant’s representative director G, and the construction business investment agreement that the Plaintiff B should pay dividends to the Defendant for the construction work (hereinafter “instant financial investment agreement”). The main contents of the agreement are as follows: (i) the Defendant provided a telecommunications construction business license to the Defendant; and
② The purpose of Plaintiff B is to reduce the acquisition fund of a license through this contract and to efficiently own and operate Plaintiff A (hereinafter “Merger Corporation”).
Article 2 (Terms and Conditions of Contracts) (2) The defendant may receive dividends under the following conditions:
The defendant shall receive 8% dividends (hereinafter referred to as " dividends") for telecommunications construction projects awarded by the merged corporation as a successful bidder for the merged corporation (hereinafter referred to as "successful bidder construction projects").
Article 3 (Matters to be Observed) (2) - Matters to be implemented by Plaintiff B.