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(영문) 청주지방법원 2017.08.18 2015가단16446
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On August 26, 2011, the Plaintiff and the Defendant entered into an investment agreement as an investor between the Plaintiff and Nonparty C, and the content thereof are as follows:

(hereinafter referred to as “instant investment agreement”). Investors (A) and investors (B) enter into an agreement as follows:

Location: Ewna in substantial Gu D of Cheongju-si

1. A shall make an investment of KRW 00,000,000,000 in full for research creation, development, and business management of B;

3.A and B shall mutually agree to the following investment conditions:

The contents of the agreement - A shall enter into force upon mutual consultation with Gap when requesting the return of the investment amount.

(Provided, That the amount of investment shall be used only for the business purposes of the Company) - B shall distribute 25% of the net profits of the Company B in accordance with the substitute for the amount of investment.

-A and B shall not require the return of investments and the expectation of earnings if they cannot make profits for any other reason, and they shall not be subject to any liability to B, if they are not subject to any obligation to B;

(In case of failure to obtain profits, the term "in case of failure to obtain intellectual property rights" includes failure to obtain intellectual property rights and failure to carry on business due to any other cause). [This ground] Fact that there is no dispute, Gap evidence 1

2. The parties' assertion

A. Plaintiff 1’s primary claim: The Plaintiff for damages due to nonperformance of obligation is the Defendant and the E-Sari in a reasonable area of Cheongju-si (hereinafter “E-Sari”) with the Defendant.

B made an investment by 25% in shares.

Accordingly, the plaintiff paid KRW 120 million to the defendant.

However, the defendant individually used 60 million won out of the amount that the plaintiff paid to the defendant in violation of the investment agreement, and renounced the remaining 60 million won E-Sari or the right to operate, thereby making it impossible to recover it.

The Defendant shall pay the purchase price, etc. for E-Sa building in accordance with the instant investment agreement.

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