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(영문) 수원지방법원 2017.02.14 2016가합73708
기타(금전)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 8, 2006, the Plaintiff, C, and D (hereinafter collectively referred to as “Plaintiffs”) entered into a joint agreement on the establishment of the F in the Republic of Korea (CA, hereinafter referred to as “CA”) with the UK E companies (E Ltd, hereinafter referred to as “E companies”).

B. On September 1, 201, the Plaintiff, E, Gangwon-do, and Korea Investment Securities Co., Ltd. entered into an investment agreement on the development project of multiple cooking, including Ftephaec, tourist facilities, commercial facilities, and residential facilities, with the main content of investing approximately KRW 5,68.3 billion in the land of approximately KRW 1,322,00 square meters in Chuncheon-si and Hdong Won-dong, and establishing a special purpose corporation to maximize the financial resources necessary for the development project and mutual benefits.

The defendant is a special purpose corporation established in accordance with each of the above investment agreements on August 6, 2012.

C. On December 19, 2013, the Plaintiff entered into a business license acquisition agreement with the Defendant on the said development project (hereinafter “instant business license acquisition agreement”). The main contents are as follows.

On December 8, 2006, the plaintiff signed the ECA and the ECA (including the CA and the CA as of December 10, 2010) on December 29, 2008. Under the CA, the plaintiff is running a business to develop F compound cooking, tourist facilities and F, or commercial/resident facilities (hereinafter referred to as "this business") on the facilities or the site incidental to the F compound cooking, tourist facilities and F, or on the site of the facilities or the site incidental to the Gdong and Hdong in Chuncheon City under the CA.

On June 29, 2012, the Plaintiff entered into the F Consium Basic Agreement with the Defendant’s shareholders, etc. for the project, and concluded this Agreement and the F Consium Agreement with the Defendant’s shareholders, etc. at the same time (hereinafter “this Convention”). On October 24, 2013, the Plaintiff entered into this Agreement with the Defendant’s shareholders, etc.

Under the CA (Article 1.1.1 and 1.2), the plaintiff's side has the authority to establish and operate F together with E in the Republic of Korea based on the CA (Article 1.1.2).

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