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(영문) 부산지방법원동부지원 2016.01.28 2015가합100463
투자금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “B”) is a company selling customized apartment mobile application, and Defendant C is the representative director of Defendant B, and Defendant D is the husband of Defendant C, who actually operates the Defendant Company.

Article 1 (Purpose) of the Investment and Business Agreement is to jointly operate apartment advertising business using smartphones, a new technology, on May 30, 2014, with respect to the investment and business agreement between the Plaintiff and the Defendant C, the representative director who completed the planning of smartphone advertising app business and the development of smartphone advertising app technology, and to jointly operate the apartment advertising business using smartphones.

Article 2 (Defendant C’s Existing Property and Plaintiff’s Investment)

1. The Plaintiff shall make an investment by continuously acquiring the shares of Defendant C in relation to the Defendant C’s business plan, and the Plaintiff shall first acquire 30% of the shares of Defendant C in KRW 120,000,000.

Article 3 (Investment Conditions of Plaintiffs and Obligations of Plaintiffs and Defendant C)

1. Defendant C shall deposit KRW 100,000,000 deposited by the Plaintiff with the capital increase subscription amount, and at the same time, register so that the Plaintiff may take office as a joint representative director B.

B. On May 29, 2014, the Plaintiff and Defendant C concluded an investment and business agreement with the following content.

C. Defendant CB

The capital of Defendant B was increased to KRW 100,000,000 according to the terms and conditions of the contract written in the paragraph, and among Defendant B’s total issued shares of KRW 100,000, Defendant C acquired KRW 70,000, and the Plaintiff owned KRW 30,000.

On July 7, 2014, the Plaintiff was appointed as a joint representative director of Defendant B, and on July 8, 2014, the following date was registered as a joint representative director with Defendant C.

(1) The Government shall consult with each other as the top priority in investing and treat the Plaintiff’s shares as the top priority.

Provided, That this shall not apply to the decision of equal capital increase or 3-party capital increase in consultation.

(2) Even if equity dilution, such as equal capital increase and two-party capital increase increase, is made, the total amount of shares (200,000,000 won) shall be paid.

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