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(영문) 서울남부지방법원 2015.04.30 2014가합105364
약정금
Text

1. Defendants B and C shall jointly and severally serve as KRW 140,000,000 on the Plaintiff and as from January 17, 2014, Defendant B.

Reasons

1. Facts of recognition;

A. A. Around August 2013, the Plaintiff received a proposal from Defendant C (hereinafter “Defendant C”) to invest in the Defendant Co., Ltd. (hereinafter “Defendant C”) that he/she plans to establish, and drafted an agreement with Defendant B and C’s employees G on October 17, 2013 (hereinafter “instant agreement”).

The following arrangements are made with respect to the establishment of a new assistance company (Defendant C), Defendant B (hereinafter referred to as “A”), and the Plaintiff (hereinafter referred to as “B”) by agreement that the funds necessary for the establishment of Defendant C are invested from the Plaintiff:

Article 1 (Investment in Funds) B shall invest KRW 70 million in the establishment of a new corporation (Defendant C) to be incorporated through joint investment with A in accordance with the terms of this Agreement.

A corporation with an investment of KRW 300 million shall own approximately KRW 23% equity shares.

§ 2. (Establishment of Company)

1. A shall establish a new corporation without delay when creating the initial fund of KRW 300 million together with B, and shall issue stock certificates for each amount invested;

Article 5 (Preservation of Investment Funds)

1. For the purpose of preserving the investment principal of Eul, Gap shall, at the same time as the establishment of a new corporation, set up a security interest at the maximum amount of 24,00 shares of E, the par value of which is 5,000 shares of 5,00 shares owned by Eul, to Eul;

2. Purchase shall be made by applying 200% of the principal invested by B according to the contents proposed by A, except the remainder 10% of B’s equity on the 90th day after incorporation of a new corporation.

3. On the 90th day after the incorporation of a new juristic person, where Party A does not purchase 13 per cent of the shares to be purchased from Party B, Party B may recognize the loss of the investment principal of Party B and Party B may claim the amount of the claim amount of KRW 140,000,000,000 of the investment principal of Party B.

Article 6 (Confirmation of Security Rights) A taking into account that security rights provided by P is stocks of unlisted companies, A shall be a stock company E necessary for the establishment of security.

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