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(영문) 수원지방법원성남지원 2015.10.16 2014가단201925
손해배상(기)
Text

1. The Defendants jointly share KRW 100,000,000 with respect to the Plaintiff, and Defendant B and D with respect thereto from February 21, 2014, and Defendant C and D.

Reasons

1. Presumed factual basis

A. On October 24, 2012, the Plaintiff and G jointly entered into a joint agreement with the Plaintiff and G to lend KRW 300 million (i.e., Plaintiff KRW 100 million (hereinafter “instant joint agreement”) to the instant company (hereinafter “instant joint agreement”), and the contents relating to the instant case are as follows.

- - Article 2

1. Obligations and rights to joint business operators (Defendant and G) under Article 5 of the Assets List (see Attached to List of Assets);

1.The amount of loans shall be KRW 300,000 and the total amount of equity investment shall be 23 per cent.

3. The Company A (the instant company) shall guarantee the Defendant and G’s loans by submitting a list of property corresponding to the written contract’s financial statements as well as by offering them as a guarantee and security under joint signature of all stockholders.

Article VIRecovery and Liquidation of Funds

1. The repayment of funds shall be made at the maturity of one year in accordance with the details of the loan certificate, and may be extended at the request of B (Defendant and G), and shall be notified at least one month prior to the repayment;

B. The Defendants: (a) the shareholders and directors of the instant company (Defendant D’s representative director, Defendant B, D, E, and F are registered as internal directors; (b) Defendant B was the president, Defendant C’s vice president, Defendant D’s representative director, Defendant E’s former director, Defendant F’s former director, and Defendant F’s director’s position; (c) the resolution of board of directors delegated all powers to Defendant C on October 8, 2012 for the sake of guaranteeing the rights of new investors (shareholders) on October 16, 2012; (d) the amendment of the management system; (b) the vice president and the overall executive director; (c) the joint signature of all shareholders, total asset security; (d) the settlement of investors’ profit distribution quarter; (e) the settlement of dividends of KRW 300 million without compensation; and (e) the specifications of the instant company’s execution to the Plaintiff C and the Plaintiff’s resolution of the board of directors shall enter into force on October 18, 201.

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