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(영문) 서울중앙지방법원 2016.01.08 2015가합533984
약정금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

The plaintiff is a company that has its head office in Switzerland and has operated a branch office in many regions in the world as an international event management and publicity agency.

Defendant C was a shareholder and director of the Defendant Company established for the purpose of arranging domestic and overseas travel and selling airline tickets around 1991, and was involved in the operation of the Defendant Company. From around 197, Defendant C was appointed as the representative director and was in charge of the management of the Defendant Company.

On January 20, 2009, Defendant C established D (former mutual name E Co., Ltd.; hereinafter “Nonindicted Company”) for the purpose of planning international conferences, hosting agency, etc. by investing capital, and appointed as the representative director, and took charge of the management of the said two corporations.

On June 7, 2010, the Plaintiff entered into an agreement with the Defendant Company for joint venture (hereinafter “instant First Agreement”) with the following terms and conditions.

Trading structure: The plaintiff and the defendant company form a non-party company, a joint venture, which focuses on the DMC, corporate meetings and events, and international conference business in Korea.

In order to incorporate the non-party company, the plaintiff has increased the capital of the non-party company in KRW 300 million and shall acquire 50% of the shares of the non-party company.

The name of the company: Change the trade name of the non-party company to E.

Shareholders: 50% of the Defendant Company and 50% of the Plaintiff Company: The initial capital of the Nonparty Company is KRW 50 million.

In addition to the capital increase in the amount of KRW 300 million by the plaintiff, the defendant company also increases the amount of KRW 100 million and the total amount of capital is KRW 450 million.

The non-party company in 2009 is the company's 141,208,092 won in operating income of 370 million won.

In 2010, the non-party company deals with the profit and loss of the profit of 60 million won.

Foreign States: The defendant company for each case giving the defendant company the amount of at least 7.5% of its operating income to the non-party company.

The board of directors, etc.: The board of directors of a joint venture shall be comprised of plaintiffs, F, and G, and the "H" on the part of plaintiffs shall be a director in charge of the enterprise.

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