(영문) 부산지방법원 2017.09.13 2015가합42868

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(영문) 부산지방법원 2017.09.13 2015가합42868

손해배상 등

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1. Of the instant lawsuit, the part concerning the claim for assignment of claims and notification to Defendant F by Plaintiff A shall be dismissed.

2. Defendant F shall:

Reasons

(b) was changed;

On the other hand, on March 23, 2015, the name of business registration and business permission of the instant age club was changed to Defendant G.

The Plaintiff A prepared a provisional contract with Defendant D on November 23, 2012, stating that “The KRW 500 million out of the shares of Defendant D Company A (700 million) shall be paid by November 23, 2012, and the KRW 200 million shall be paid by May 30, 2013” (hereinafter “instant provisional contract”), and deposited KRW 500 million in the corporate account of Defendant D’s Korea on the same day.

Plaintiff

A on April 23, 2014, issued a check of KRW 500 million to Defendant G, and on the same day, written an investment agreement with Defendant F as follows:

(hereinafter referred to as “Agreement No. 1”). K (tentatively referred to as “K”): Defendant F, and Plaintiff A:

1. K's (tentative) age clubs located in the building in this case where the object of investment is the object of investment;

2. Investment amount of one billion won per share in cases of an investor before March 21, 2014: The amount per share in cases of an investor from March 22, 2014 to April 30, 2014: the amount per share in cases of an investor from March 22, 2014 to April 30, 2014: KRW 130 million per share in cases of an investor after May 1, 2014; KRW 150 million per share in cases of an investor after May 1, 2014; Provided, That the investment shall be deemed an investment before March 21, 2014.

3. The investment period from the date of investment to the date of liquidation of the KS (tentatively named) golf club;

4. The settlement of profits from investment and the method of payment thereof shall be monthly after the commencement date of the business of the KR (tentatively named), and the settlement of profits per share shall be made in cash;

5. Preferential payment of the principal of investment on the date when the principal of investment is returned and the method of paying the principal of investment on the date of liquidation of the age club;

6. If the early termination of the investment wants, K (tentative name) may terminate the investment at any time after one year from the date of commencement of the business of the 'K' (tentative name), and in this case, A shall pay the principal of the investment to B, and if the principal of the investment is paid, A shall pay the principal of the investment to B, and B shall pay the principal of the investment upon termination of the investment.

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