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(영문) 대구지방법원 2015.05.01 2014가단35133
주식인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C (C, Korean name D, hereinafter referred to as “C”) majored in economics at the Snbrogus of the New York University Snivs (State York Stony Brok) and has been working as an investment strategy. From around 2013, C (hereinafter referred to as “C”) provided financial market-related information and data as a re-processed and visual material by re-processing them with an integrated index arranged, and promoted the business of providing a financial and economic integration telecom platform.

B. On August 2013, the Plaintiff: (a) invested in the initial capital, etc. for the business promoted by C; (b) entered into a business cooperation agreement with the following details on November 1, 2013; (c) however, there was disagreement among the two parties regarding the registration and share ratio of joint representative directors.

The Plaintiff (hereinafter referred to as “A”) and C (hereinafter referred to as “B”) agree to jointly implement the financial information platform business on the basis of the principle of good faith in promoting it.

§ 1. A and B shall undertake all business-related decisions by mutual consent.

Provided, That if it is impracticable to make a decision, the decision shall be made by A, notwithstanding sufficient discussions and consultations between them.

§ 2. A and B are jointly responsible for the occurrence of losses in promoting this project.

§ 3. A and B shall not carry out any cooperative activity with any third party other than the two parties, including promoting or consulting and equity participation in the project.

C. On January 22, 2014, C and the Plaintiff established a stock company E (hereinafter “instant company”) for the purpose of providing economic information services (online), etc., and the Plaintiff is registered as the only internal director of the instant company.

On the other hand, the Plaintiff transferred KRW 36,670,00 to the Defendant on February 10, 2014, and the Defendant.

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