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(영문) 대전고등법원 (청주) 2018.08.21 2017나5939
증권
Text

1. The judgment of the first instance court, including amendments and additional claims, shall be modified in the trial as follows:

The defendant.

Reasons

1. Basic facts

A. On December 21, 2010, the term “the Plaintiff and the Defendant, E, F, G, and H” under a partnership agreement (hereinafter “the instant partnership agreement”) signed between the Plaintiff and the Defendant, and the Defendant, F, G, and H to the effect that “the Plaintiff shall make a new corporation by investing land in kind, investing cash in the Defendant, E, F, and G, and by sharing their roles as actual promotion of the business, and then establishing and selling a large discount store” (hereinafter “the instant partnership agreement”).

After entering into the contract, D Co., Ltd. (hereinafter referred to as “instant company”) on the same day.

2) The main contents of the instant partnership agreement are as follows.

1. Business objective: All land and buildings that require H by a project operator, such as J, K, L, M, N,O, P, Q, etc., and the establishment, sale, and operation of large discount stores (hereinafter referred to as the “project in this case”).

2. A project proprietor 2-2. The project proprietor’s share ratio of the names of shareholders and investors is non-invested by the Plaintiffs, S (the Plaintiff’s ancillary children), S 4.2% 1.5 billion won (all land and buildings) E 14.5 billion won in cash investments of KRW 14.5 billion in KRW 14.5 billion in cash investments of KRW 14.5 billion in KRW G14% in cash investments of KRW 516% in KRW: A project proprietor’s land for the promotion of the project: 1.00 additional purchase shares of approximately 300 square meters permitted at Iririly, 1.00 billion in KRW 1.1 billion in total and approximately 1.5 billion in R

3. It shall preferentially repay liabilities for the land of the present project with cash contributions in the operation of 3-1. Cash investments;

3-2. The balance after repayment shall be voluntarily used by the Plaintiff A.

3-3. The expenses and public charges for authorization and permission shall be borne by Plaintiff A.

3-4. Development costs up to one million won per square day of the initial land cost, development gains shall be borne by the plaintiffs and S, and the proceeds from development in excess of one million won of the land cost shall be borne by each shareholder in proportion to their shares.

4-3. The costs of the project implementation 4-3. The Plaintiff A (Plaintiff B and S) shall provide all necessary land and buildings (P, L, M, N,O) in the name of a third party necessary for the change of the present project and the design.

4-4. With respect to land added in addition to 3000 square meters, each shareholder shall be entitled to the landowner at the time of settlement in accordance with the equity ratio.

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