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(영문) 서울고등법원 2020.05.13 2019나2033881
주식양도청구의 소
Text

1. The plaintiff's primary and conjunctive claims changed from the trial are all dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Basic facts - Full text -

1. The Defendant has lawfully possessed the production technology necessary for the screen screen screen business (hereinafter “instant business”).

2. The plaintiff shall invest the business fund in order to facilitate the business of this case, and the defendant shall be responsible for and operate the business of this case.

3. The Defendant shall invite a member store to participate in the instant project and distribute profits to the Plaintiff a share of 10%.

4. The plaintiff actively cooperates with the defendant for smooth production and sale.

Article 2 (Duties and Investment Conditions of Defendant and Plaintiff)

1. The Plaintiff shall invest a certain portion of the funds required for the instant business to the Defendant.

The total amount of investment shall be KRW 100 million and may increase according to the scale of the project of this case after the conclusion of the investment contract of this case, and the share ratio in the additional investment shall be determined in consultation with the defendant.

2. Investment funds shall be used as research and development expenses and production expenses, and the defendant shall establish a purpose corporation therefor;

The plaintiff shall pay the investment money to the defendant in order to promote the project of this case.

3. The defendant shall be in charge of technical and human resources necessary for the business of the purpose corporation in this case.

4. At the time of payment of the investment amount, the Defendant and the Plaintiff deem that the contract was concluded as a sexual intercourse, and the Plaintiff acquires shares equivalent to 10% at the same time as the objective corporation is established.

Article 3 (Incorporation of Juristic Person and Distribution of Shares)

1. The Plaintiff shall pay the Defendant the investment money with the performance guarantee for the Plaintiff’s responsibility before the establishment of the objective corporation, and the Defendant shall immediately run the establishment of the objective corporation.

At this time, the plaintiff actively cooperates with the defendant's business promotion.

2. The Plaintiff shall transfer the investment KRW 100,000 to the account designated by the Defendant, as the instant business cost prior to the incorporation of the objective corporation.

3. When the Plaintiff’s investment is implemented, 10% of the shares of the target corporation shall be owned by the Plaintiff.

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