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(영문) 창원지방법원진주지원 2015.07.22 2014가합1723
동산인도
Text

1. The Defendants shall deliver to the Plaintiff the movable property listed in the separate sheet.

2. The costs of lawsuit are assessed against the Defendants.

Reasons

1. Basic facts

A. On January 21, 2014, the Plaintiff entered into an investment agreement with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the representative director as follows (hereinafter “instant investment agreement”). As to the said investment agreement, a notary public was certified as a deed signed by a private person on the basis of No. 150, including the preparation of a judicial police officer, etc., and Defendant C jointly and severally guaranteed the obligation under the instant investment agreement with the Plaintiff.

The project implementer and the investor in relation to the production and sale of by-products after dredging Dwon E (F) in the south-Naman-gun of the Agreement shall enter into an investment agreement on the following terms and conditions, subject to mutual agreement:

Article 1 (Area of Business, etc. subject to Investment) The Plaintiff is a sales and import business of by-products generated from 300,000 square meters (tentative 2 sections) out of the total business area of 1,200,000 square meters (tentative 2 sections) promoted by the Defendant Company.

Article 2 (Investment Amount) The Plaintiff shall be determined as KRW 1.5 billion on the terms of investment in the Defendant Company, but the timing of the first investment shall be paid after preparing an agreement, and the second investment portion shall be KRW 1.00 billion on the terms and conditions of the second investment portion, and the second investment portion shall be paid upon the support of the Defendant Company to the endur who is selected by the Defendant Company when the project progress plan is in progress, but the Plaintiff may select a ender, and the terms and conditions of the subsidy shall be determined by mutual consultation.

Article 3 (Investment Conditions, etc.) (1) The Plaintiff acquires the status of investors in this business from the time of depositing the first amount of investment in the account in the name of the Defendant Company, on condition that it invests in the business of producing and selling by-products of Section 2.

9. The Defendant Company will provide movable property listed in the separate sheet (hereinafter “instant movable property”) in the separate sheet until the Plaintiff’s principal of investment is repaid as a security for the Plaintiff’s investment.

Provided, That the plaintiff and the defendant company shall have full investment principal.

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