(영문) 서울서부지방법원 2014.12.04 2014가합2983

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(영문) 서울서부지방법원 2014.12.04 2014가합2983

손해배상(기)

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1. The Plaintiff:

A. Defendant B’s KRW 30 million and KRW 150 million among them shall be from October 30, 2009 to KRW 50 million.

Reasons

1. Basic facts

A. The Plaintiff was introduced by Defendant B, via University Chang-dong, Defendant C, who operated the Eunpyeong-gu Seoul Metropolitan D’s Age Club (hereinafter “instant club”) (hereinafter “instant club”).

B. On October 29, 2009, the Plaintiff heard that if the Plaintiff invested KRW 300 million in the instant club from Defendant C, the amount of KRW 15 million may be recovered each month from the profits accrued from its operation, and concluded a share agreement with the Defendants on October 29, 2009, as follows.

The following contracts are concluded in return for promising to distribute profits accruing from the management of the instant age club (company) according to the shares in possession.

Article 1 [The shares of each party and the terms of contract] 1) The Defendants make an investment in all expenses incurred in building a company and installing all business facilities, and make an investment corresponding to 43% in Defendant B and 42% in Defendant C. 2) The Plaintiff made an investment corresponding to 30 million won in capital and made an investment corresponding to 15% in the Company’s shares in this respect.

3) An investment and equity contract between three parties shall be renewed on a two-year basis. The three parties shall respect their respective rights and maintain good faith and take precedence over the development of the company. (i) All management of the company shall be transparent.

2) If there is a resolution above the majority, the company shall comply with the resolution. Article 4 (Duty of Distribution of Profits) The company shall distribute profits equivalent to the operating profits from the commencement of its business to the third party on the one day before the termination of its contract, in proportion to shares, and the third party may confirm the distribution. [Article 5] All actions necessary for the management of the above company shall be the largest shareholder, as the representative director of the company, the defendant B, who is the largest shareholder, obtains rights and obligations as the representative director of the company. 1) The representative director shall be appointed by a person who has acquired more than the majority of shares through

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