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(영문) 서울중앙지방법원 2016.03.16 2015가합533830
손해배상(기)
Text

1. The Defendants each of the KRW 125,000,000 to the Plaintiff and 5% per annum from January 22, 2014 to March 16, 2016.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) is a company established on September 10, 2007 for the purpose of planning of performances and distributing performances, etc. on or before, and after, the change (i.e., “stock company E” and “F” before and after the change).

The plaintiff is a person registered as the representative director of D, and the defendant B is registered as the auditor of D and is in charge of D operations. The defendant C is a person registered as a director of D.

B. In relation to D and the original Defendant’s receipt of investment from No. 1 of the U.S. Video Investment Association (the “New Video Investment Association No. 1” prior to the change; hereinafter “Investment Association”) (the “Investment Association”) on September 12, 2007, D and the original Defendant concluded an investment agreement with the Investment Association on September 12, 2007 (hereinafter “instant First Investment Agreement”).

The first investment contract of this case acknowledges the provisions of the first investment contract of this case as the "interested party" of D, and jointly performs the obligations of D under the first investment contract of this case. (2) The Investment Association shall accept KRW 60,000 new shares of D 60,000,000, which is issued and allocated to the Investment Association, and if D violates the provisions of the first investment contract of this case, it may request the "interested party" of D to purchase the above shares. (3) The Investment Association shall receive a certain portion of its profits that is limited from the total sales of D, and (4) the Investment Association shall lend 38,00,000,000 won to D and the "interested party" by setting the interest rate of KRW 10% per annum, maturity of two years, etc., and shall receive a repayment of a limited amount in full from D's total sales.

C. Meanwhile, on July 24, 2008, G Co., Ltd. (the representative director, Defendant B, Plaintiff and D invested the investment union KRW 1,00,000,000 in a project that planning and producing “H” as of July 24, 2008.

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