(영문) 수원지방법원성남지원 2014.01.21 2013가단13893

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(영문) 수원지방법원성남지원 2014.01.21 2013가단13893

청구이의

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1. The 2008 General Law Office against the Plaintiff (Counterclaim Defendant) of the Defendant (Counterclaim Plaintiff) No. 445.

Reasons

1. Basic facts

A. C Co., Ltd. operating a specialized construction business (hereinafter “small and medium company”) had difficulties in its management due to the provisional attachment of government-funded construction cost claims and patent rights around 2008.

D, which had been a substantial business owner of the non-party company, introduced a person who is a public official of Sungnam-si, a public official, to lend or make an investment in order to cancel provisional attachment execution of government-funded construction cost claims. On June 2008, the plaintiff introduced the non-party company to E, a substantial business owner of the defendant and a director, to the non-party company.

1. (i) The Defendant shall lend KRW 100 million to the non-party company as security a deposit certificate for the cancellation of provisional seizure execution by the non-party company.

B. If the non-party company, after having repaid the full amount of the deposit money to the defendant, requests the loan to the non-party company due to the shortage of operating funds and material purchase expenses, etc., the defendant will provide the non-party company with the deposit money for three months as security.

【Non-Party Company shall pay 2.5% of the interest on loans owed to the Defendant, and the initial date of the interest shall be the date of the payment of the deposit at sea.

2. (i) The non-party company transfers 40% of the shares of the non-party company to the Defendant, and 20% of the shares shall be transferred to the Plaintiff.

If the plaintiff does not consent to the transfer of shares, the 20% shall be adjusted according to the defendant's intention.

See The defendant has exclusive rights in Seoul, Incheon, and Gyeonggi-do with respect to the business of selling products and executing works of the non-party company, and concludes a technology use agreement incidental thereto.

However, with respect to the business of large construction companies in Korea and abroad, the defendant has an exclusive right without any restriction, and the profits from the national business shall be distributed to the defendant 40% as shares, the plaintiff 20% as shares.

The defendant agrees to the defendant among contingent obligations not shown in the financial statements of the non-party company.

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