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(영문) 서울중앙지방법원 2017.08.25 2016나58439
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The purpose of this Agreement is to clarify the rights and obligations between the Plaintiff and the Plaintiff following the investment in the management of the non-party company on condition of preserving the principal for the management development of the non-party company.

Article 2 (Requisite for Investment) The Plaintiff may first demand the Non-Party Company to meet the following conditions for investment under this Agreement, and if the conditions are not satisfied, this Agreement shall not be concluded and shall be reversed:

1. Preservation of principal of the investments (the timing for repayment of the investments shall be determined by mutual agreement);

2. Investment proceeding - Primary Investment: Interest at the rate of 5% of the investments shall be paid to the Plaintiff for three months after the contract.

- Secondary investment: A decision shall be made through consultation between the two when a three-month redemption period is due.

3. The Plaintiff plays a role in transferring all domestic and foreign business contracts, advertisements, marketing, etc. while holding a director position after the contract.

4. Non-Party Company’s performance obligation - Distribution of sales proceeds: 30% of profits in principle.

- Pay: Treatment at the level of this photograph (for a period of three months, it is limited to the salary determined by the Plaintiff and the non-party company). Thereafter, the wage renewal is made.

- Support for Business Activities: Article 3 (Payment of Investment Funds)(2) The principal of the investment amount must be refunded in cases where the contract is not concluded because the non-party company failed to meet the terms and conditions of the investment.

Article 6 (Use of Investment Funds and Accounting Handling) The non-party company uses the Plaintiff's investment funds only for the business purposes of the non-party company, and does not lend them to the third party without the Plaintiff's prior consent.

On July 3, 2013, the Plaintiff is a non-party Co., Ltd. (hereinafter referred to as the "non-party Co., Ltd.") registered as an internal director.

investment of 70,000,000 won was agreed as follows:

hereinafter referred to as "investment agreement of this case"

(1) The Plaintiff’s investment to Nonparty Company until August 14, 2013 is 70.

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