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(영문) 서울중앙지방법원 2019.04.12 2017가합556219
증권
Text

1. From Plaintiff B,

A. At the same time, Defendant C received KRW 26,228,023, as well as the list 1.

Reasons

1. Basic facts

A. On December 30, 2013, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) concluded a joint investment agreement with F and established H (H company; hereinafter “H”) as a joint venture corporation for the implementation of Russia G business (hereinafter “instant business”).

Plaintiff

Company, Plaintiff B, and Defendants agree with respect to I import and sale as follows:

Article 1 (Project Funds Funds) The Defendants confirm that H established by the Plaintiff Company in the course of its investment requires approximately KRW 3 billion funds (hereinafter referred to as “additional Project Costs”) at the expense of preparing funds and operation required to obtain a bid from the Russian Government (quota: the quantity allocated at the time of the bidding).

Article 2 (Duty to Bear Additional Project Costs) Defendant C shall thoroughly verify relevant documents related to investment at the request of the Plaintiff Company and pay additional project costs.

Investment expenses shall be paid in advance from the company's income in advance by cash.

Provided, That additional project costs shall not be added to the ratio of investment funds.

Article 3 (Provision of Investment and Shares) Plaintiff B shall invest KRW 50 million in the Plaintiff Company, KRW 75 million in the Defendant C, KRW 25 million in the Defendant E, and KRW 50 million in the Defendant D shall invest in the Plaintiff Company until April 12, 2016, respectively, and the Plaintiff Company shall grant new shares for each investment by means of capital increase.

Article 4 (Entrustment of Management Rights, etc.) The Defendants, regardless of the amount of investment (shared shares), will serve as the Plaintiff B the management right or final decision-making right of the Plaintiff Company.

Within one year after the issuance of new shares, Defendant D will transfer 11% shares to Plaintiff B free of charge for the guarantee of management rights.

Provided, That regardless of the above stock transfer, the ratio of profit distribution of Defendant D shall be 20%.

Article 6 (Distribution of Profits from Investment) The distribution of profits from the above investment shall be the net profits accrued from the Plaintiff Company.

The cost (including KRW 1 billion) invested by the Plaintiff Company from the net profit shall be deducted by priority.

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