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1. As to USD 1,00,000 and USD 350,000 among them to the Plaintiff, the Defendant shall start on April 19, 2012 and start on April 200.
Reasons
1. Basic facts
A. The Plaintiff is a company running wind power generation business. The Defendant established a corporation, which is a corporation located in Chile C (hereinafter “C”) and serves as a registration director from March 4, 201 to October 4, 201. The Plaintiff is a person who served as the chairperson of C’s board of directors from March 4, 201 to October 4, 2011.
B. On March 24, 2012, the Plaintiff entered into an agreement with the Defendant on the following (hereinafter “instant agreement”) with respect to the C operation for the “D Local wind power complex project” (hereinafter “instant project”).
D Agreement on Investment in wind power projects (hereinafter referred to as “Agreement”)
1. Purpose (1) In order to raise funds for the operation of a local corporation for the creation of a wind power complex in D area (hereinafter “project”) under mutual agreement between the parties, this agreement aims to provide stocks and real estate owned by the Defendant, and to raise loans (referring to USD, hereinafter “loan”) against the company with the stocks and real estate offered by the Defendant as security for transfer (in accordance with the form of transfer by security under the Korean Civil Act), by means of transfer (in accordance with the form of transfer by security under the Korean Civil Act).
(2) The defendant fully understand that the purpose of the plaintiff is to carry out the EPC in the project, and endeavor for the EPC in the project of the plaintiff.
3. The operating fund provided by the Plaintiff in the form of financing is paid with the loan to the Plaintiff, and is used as site rent, engineering services, authorization and permission costs, general operating costs, etc. for the creation of wind power complexes in the area D. Accordingly, the Defendant shall delegate ownership, voting rights, and disposition rights to 50% of the shares of C owned by the Defendant to the Plaintiff until the loan is repaid or the loan is converted into the investment to C.
4. The Defendant, as the representative of C on October 23, 201, shall manage the funds.