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(영문) 대전지방법원 2015.08.26 2013가합10356
청구이의
Text

1. Certificates prepared on April 1, 2013 by a notary public C belonging to the Cheongju District Prosecutors' Office against the plaintiff of the defendant, No. 375.

Reasons

1. The following facts may be acknowledged in full view of the statements in Gap evidence Nos. 1, 4, 7 through 10, Eul evidence Nos. 1 through 4, 7, 8, and 14 (including branch numbers), the results of the inquiry into the Ministry of Trade, Industry and Energy of this court, and the whole purport of oral arguments.

On February 2, 2009, the Defendant acquired a limited liability company D, which is a company of Russia, and planned to undertake the business of collecting aggregate, and take over the E-liability company (hereinafter “E”) that holds the patent right to collect gold in the Republic of Russia (acoke) in the Republic of Russia area, to which the business would not take place, and planned to undertake the business of the Flusia Mining Development in the above area.

B. On November 3, 2011, the Defendant requested the Plaintiff to make an investment in the said business upon introduction of F, and entered into a partnership agreement with the Plaintiff on November 3, 201, stating that the Defendant shall deliver 30% of the said limited liability company D’s equity (including 5% of the F’s equity) to the Plaintiff, and that it shall receive 70 million won as business funds from the Plaintiff and use them for the preparation of equipment, etc. necessary for the gold mine.

Accordingly, from November 3, 201 to November 9, 2012, the Plaintiff paid a total of KRW 1.27 billion to the Defendant in total on 11 occasions as an investment deposit.

C. On November 6, 2011, the Defendant entered into a preliminary agreement between E and E that 100% of the shares of the said company and the right to use a zone will be acquired in Russia currency of 2 million Susia. At the time, the Defendant was running the acquisition or gold mine development project of the said company through G and H, a local Korean national at the time.

On the other hand, on April 27, 2012, the Plaintiff introduced I to the Defendant as a new investor, allowing the Defendant to obtain an additional amount of KRW 700 million from the said I, and entered into a joint agreement with the Defendant on December 17, 2012, under which the Plaintiff and I would transfer 50% of the shares of the local invested corporation of Russia from the Defendant in return for the investment funds of the Plaintiff and I.

E. Afterward, the Plaintiff transferred from the Defendant on April 1, 2013.

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