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(영문) 부산고등법원(창원) 2015.07.15 2014나3637 (1)
투자금 반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 5, 2006, in the name of the Plaintiff and C, an investment contract entered into between D Co., Ltd. (hereinafter “Nonindicted Company”) and F Co., Ltd. (hereinafter “Defendant et al.”) managed by the Defendant and the Defendant with the following content:

(2) The Plaintiff and C are invested in the instant investment contract and the said investment contract (hereinafter referred to as the “instant investment contract”). The Plaintiff and the Plaintiff are invested in the instant investment contract. The Plaintiff and the Plaintiff are invested in the instant investment contract.

The defendant, etc. intends to provide joint and several sureties and security to guarantee the duty to return the investment amount that the non-party company owes to the plaintiff and C.

Article 2 (Investment Money) The plaintiff and C shall make an investment of KRW 2.8 billion to the non-party company.

The plaintiff and C shall pay 2.8 billion won to the non-party company if the investment priority conditions in the Appendix are fulfilled.

Article 3 (Security) (2) The non-party company shall deliver and keep all the originals of the contract, including a real estate sales contract entered into as a party to the project, corporate depreciation, corporate card to the plaintiff, C, or any person designated by the plaintiff.

④ The Defendant, etc. shall jointly and severally return the invested principal to the Plaintiff and C.

Article 4 (Change in Corporate Governance Structure) (1) After borrowing KRW 2 billion from the Plaintiff and C, the non-party company shall change the ownership of 51% of the shares issued by the non-party company owned by G, etc., a shareholder of the non-party company, to the Plaintiff, C or any person designated by the Plaintiff.

(2) The non-party company shall be dismissed from office of the representative director and the director of the joint representative director G, directors H, I, and J, and one joint representative director designated by the plaintiff and C and one director shall be appointed.

The defendant, etc. shall cooperate with the plaintiff, one representative director designated by C, and one director.

Article 5 (Refund of Investment Money and Termination of Security Right)

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