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(영문) 광주고등법원 2015.12.16 2014나14152
약정금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall consist of a principal lawsuit and a counterclaim.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 11, 201, the Plaintiff entered into an investment agreement (hereinafter “instant investment agreement”) with the Defendant on ① KRW 80,000,000,000,000,000 per share of common shares of T&C (hereinafter “T&C”) owned by the Defendant, which is a non-listed share (hereinafter “T&C”) and to ensure that the Defendant will manage the money to ensure the principal and annual profit of 300,000,000,000 won (hereinafter “instant investment agreement”) in the event of an accident, such as not listing shares or not combining E&C with the company of T&C C.

B. On January 11, 201, 201, the date of the instant sales and investment agreement, the Plaintiff was issued and delivered a receipt to the Defendant that paid KRW 200 million to the Defendant for the purchase price under the instant sales agreement, and received KRW 200 million from the Defendant for the purchase price of shares 80,000,000 from the Defendant (which constitutes “the receipt” among the evidence No. 2 of this case; hereinafter “instant receipt”). The Plaintiff provided an explanation of the instant sales and investment agreement from the Defendant on its face, and stated the following in the lower part of the receipt:

At that time, D, the Defendant’s company partner, was also the same, but D, after which the Plaintiff entered in the above receipt, stated that “the payment of KRW 200 million check and the attendance at the time of consultation” on January 11, 201, and its signature was entered as follows:

1. 201. A merger with T&D listed or C by 2013

2. To guarantee an annual profit of 30% for each 10 million won Tor Securities Account (30% per annum);

C. In addition, the Plaintiff is in accordance with the instant investment agreement.

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