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(영문) 서울중앙지방법원 2019.06.14 2017가합555582
약정지분금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The defendant is a company that conducts performance planning and production business.

The defendant from January 19, 2010 to the same year from January 2009

2. From the end of September 2009 to October 21, 2009, in order to raise funds for “D” performances held in C (hereinafter “instant performance”), a consulting service contract was concluded with the Plaintiff for investment attraction, and the E Bank was granted loans under the pretext of the production cost of the instant performance from the end of September 2009 to the end of the instant performance.

B. On October 7, 2009, the Plaintiff entered into a contract with the Defendant for a transfer of public performance shares (hereinafter “instant agreement”). The main contents are as follows.

Article 2 (Subject Matter and Conditions of Transfer) of the Agreement on Transfer of Share in Public Performance

1. Public performance title 1: D2: The date and time of public performance 3) : from January 19, 2010 to February 21, 2010, the amount including 50% of the subscription amount or 50% of the total subscription amount for public performance (including 3,260,000,000) reaches 30 million won (including cash and on-site sales), 10% of the total subscription amount (including 15% of cash and on-site sales) accrued after arrival of 30,000,000 won (including 3,260,000,000 15% of the total subscription amount), 20,000 won of the public performance 20,000 won of the public performance 30,000 won of the public performance 20,000 won of the contract 30,000 won of the public performance 20,000 won of the public performance 20,000 won of the above.

2. Determination as to the cause of action

(a)the settlement method;

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