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Reasons
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(영문) 수원지방법원성남지원 2016.12.14 2015가합205907
손해배상(기)
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1. Defendant C’s KRW 100,000,000 and its amount are 5% per annum from January 16, 2016 to December 14, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 1, 2014, the Plaintiff entered into an agreement with Defendant B on the following (hereinafter “instant investment agreement”) with Defendant C and D regarding the land extraction project of KRW E in the case of Pakistan-si, Gyeonggi-do (hereinafter “instant project”).

The Investment Contract (No. 2) This Agreement shall enter into an investment contract with the land owner representative C and two other (hereinafter referred to as the "Defendant C and D") who are the business owner performing the land aggregate extraction project of KRW E in Gyeonggi-do (hereinafter referred to as the "Defendant C and D") and A (hereinafter referred to as the "Plaintiff") who is investing in the Project as follows:

The following subparagraphs:

1. This contract is an investment contract made by the “B” to make an investment in the business of extracting aggregate from approximately 300,000 square meters of land in the field of Pakistan-si, Gyeonggi-do in which “A” is performed.

2. “A” shall be directly or by proxy responsible for the implementation of the Project, and “B” shall invest 400 million won (400,000,000) in the Project of “A”, and the timing and methods of investment shall be determined in consultation between “A” and “B.”

3. Investment funds shall be divided into funds for business participation (10 million won) and expenses for business promotion (300 million won);

4. “B” distributes 20% of the shares of a special purpose corporation organized by “A” in return for the investment in the project in “B” to “B”, and there is no increase in the capital without the agreement between “A” and “B”.

5. The term of this contract is from the date of the contract to the date of the termination of corporate tax adjustment, and at this time, the investment amount to “B” shall be paid as the top priority and the settlement remaining amount shall be paid at the shareholding rate.

6. A cannot require “A” to return the amount invested in the event there is a cause attributable to “B”, and the “when there is a cause attributable to” “A” shall compensate “A” for “1.5 times the amount invested.”

7. As regards the Project, “A” is an investment from others.

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