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(영문) 대구지방법원서부지원 2016.09.21 2015가단19357
투자금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 2015, the Defendant entered into an investment agreement with the Plaintiff with the following content (hereinafter “instant agreement”) while running a mobile phone case processing business using CNC stamping 24 units.

Article 1 (Purpose) of the Investment Agreement is to prescribe rights and duties to participate in the project by purchasing ten (10) CNC processing devices (10: Modern Ma, Models: IUT380 (CUT380))) from mobile phone parts CNC processing projects (the plaintiff, hereinafter the same shall apply) operated by Gap (the defendant, hereinafter the same shall apply).

Article 2 (Participation in Activities B)

1. Eul shall make an equity investment of KRW 150,000,000 in cash at the time of entering into a contract;

A agreed to purchase 10 CNC processing machine in the name of A, and executed 10% lease contract amount of KRW 750,000,000 among the lease amount of KRW 750,000 with the investment amount of KRW 10 of CNC processing machine (including surtax), and other expenses necessary for the introduction of the processing machine shall be paid first and settled after refund of the additional tax.

Article 3 (Distribution of Profits and Ownership)

1.B shall have the right to share 100 per cent of the proceeds from discretionary processing arising as per such CNC processing machine 10.

2. A shall transfer to B the ownership of each machine without compensation after the lease (48 months) is terminated.

Article 4 (Fair Responsibility)

1. A shall perform the overall responsibility for the management of the product processing and quality in the orders of the processed quantity, the supply and processing of the processed quantity, and Eul shall settle all the expenses, including personnel expenses, lease charges, and electricity charges, for the processing costs;

3. Ten lease charges for CNC processing machine 10 purchased under the name of Party A shall be appropriated for forest processing costs, and substantial ownership shall accrue to Party B.

Therefore, expenses for all losses, such as personnel expenses and lease fees, due to the reduction in quantity, shall be borne by B 100%.

SECTION 6 (Term of Contract) This Agreement shall continue for a period of four years from the date of conclusion of the Agreement.

dividends to B shall be paid in cash if the dividends to B are less than the cash contribution.

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