(영문) 부산지방법원 2018.01.18 2017나48543

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(영문) 부산지방법원 2018.01.18 2017나48543

대여금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Agreement on Basic Fact-Findings, in order to promote a project jointly (hereinafter referred to as “Korean project”) by using a legal entity in which the defendant and the plaintiff take over or own any part in SPC for the development of idle site located in the Dong-gu, Busan (hereinafter referred to as “development project”), as follows:

C. Foods

1. Of the SPC shares (acquisition) in the development project-purpose corporation (SPC) established to achieve the above development project, the development project and our project shall be implemented and operated with the shares in our project (50%) and the plaintiff side (50%) respectively.

2. The composition of the staff members of our business foundation, who are members of the SPC, shall be comprised of the defendant side (one chairperson, one inside director) and the plaintiff side (one representative director and one inside director) respectively, and the auditor shall be appointed in circulation for two years by both parties.

3. Of the 100 million won SPC initial fund of the above development project, the amount of KRW 40 million shared by our project shall be preferentially paid by the Defendant to the KRW 10 million and the KRW 10 million by the Plaintiff, respectively. The remaining KRW 20 million and our project acquisition by the Plaintiff shall be the Plaintiff, and the other costs incurred by the implementation shall be fulfilled by the Defendant in consultation with other SPC members.

4. When transferring shares in our business (corporation) to a third party, a prior consultation shall be given to the other party and a prior consultation shall be made even in cases where the right is delegated;

In addition, in order to achieve the development project and the purpose of our business, the following parties should closely consult and proceed with each other after prior consultation.

5. All projects related to this Arrangement shall, in principle, be in common interest trend, transparent management, and agreement, and shall be adjusted from time to time with regard to the expenses, such as 3 to 4, incurred by each party while promoting the development project, our project, etc., in proportion to their respective shares, and the increase or decrease shall be adjusted accordingly.

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