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1. The judgment of the court of first instance, including the Plaintiff-Counterclaim Defendant’s principal claim that had been exchanged in this court.
Reasons
1. Basic facts
A. On January 16, 2006, the Plaintiff and Defendant C established the Defendant Company for the purpose of manufacturing and exporting and importing textile materials together with K and L.
At the time, the Plaintiff was running the original exporter and importer company of the name “D” in the Guatemala (hereinafter “Guatemala”) and participated in the establishment of the Defendant Company by investing capital in the name of father E, his father.
From the incorporation of the Defendant Company to the date of the establishment of the Defendant Company, Defendant C independently performed its director positions.
B. After the establishment of the Defendant Company, a company listed in attached Form 1 (hereinafter “F”) was established for the purpose of its business, such as manufacturing of fiber materials and dye color, in the Vietnam War area in accordance with the Vietnamese law.
F is established by the Defendant Company with all of its capital stock, and the title holder of 100% of the current membership rights is the Defendant Company.
1. It is confirmed that a factory (including land and buildings) located in a nearby an empty city (including land and buildings) in Vietnam is owned by the Plaintiff.
2. From December 2010, Defendant C confirmed that it leased and used the above factory from the Plaintiff.
3. The Plaintiff leased the above factory to Defendant C by December 31, 2015, and Defendant C leased the said factory from the Plaintiff for the said period.
4. Monthly rent for the above factory shall be US$ 4,00.
5. Defendant C shall pay USD 4,000 to the Plaintiff each month from May 20, 2013 to December 31, 2015.
Provided, That monthly rent of USD 4,00 shall be paid by transferring it to a bank account in Korea notified by the Plaintiff to Defendant C.
6. Defendant C does not perform any act that restricts ownership, such as establishment of mortgage, with respect to the land and building of the above factory without the Plaintiff’s prior consent.
7. The plaintiff may sell the above factory even after the lease period for the above factory, but the plaintiff let the purchaser of the above factory operate the above factory for the above lease period.