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(영문) 서울중앙지방법원 2016.01.20 2014가합572395
손해배상(기)
Text

1. The plaintiff's main claim against the defendant B and the main claim against the defendants are all dismissed.

2...

Reasons

1. Facts of recognition;

A. On April 6, 2012, the Plaintiff and the Defendants heard and discussed various projects, including the F 161 household construction projects conducted by Defendant B in Algeria (hereinafter “F construction projects”) at the office of representative director E, Inc. D (hereinafter “D”)’s office.

B. In relation to the above Algerian business, D lent a license, and the Plaintiff and Defendant C agreed to make an investment of KRW 200 million in total, and on April 23, 2012, drafted an investor agreement with the following contents.

In order to implement various projects including the construction of contracts under Algeria (hereinafter “instant investor agreement”), Defendant B and business investors, the Plaintiff, and Defendant C agree as follows on the basis of the principle of mutual trust and good faith in order to implement all projects including the construction of contracts under Algeria.

- - Future -

1. In order to facilitate progress of the project’s investment in the project, the Plaintiff and Defendant C shall subsidize initial investments equivalent to KRW 200,000,000, and shall enter the algoriic Project using D’s license in which E is the largest shareholder, and the local management of the project shall be conducted under the responsibility of Defendant B.

2. Upon entering into a contract for recovery of investment costs and receipt of advance payments, the principal of the initial investment costs shall be immediately returned to the Plaintiff, the investor, and the Defendant C, and the interest thereon shall be paid to the real investor when the allocation of mutual profits is made after the completion of the primary contract by applying 10% per annum.

3. If damage is incurred to D, among business investors, to whom E is the largest shareholder in the course of carrying out the project, the remaining business investors are jointly liable for the amount of loss.

4. Where profits are generated with the exception of purchase amounts, general management expenses of D, and taxes and public charges, with respect to sales generated in connection with the distribution of profits-making projects, management of local projects by Algeria;

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