logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.18 2015나47395
약정금등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On December 27, 201, the Plaintiff agreed to establish the Defendants and E Co., Ltd. (hereinafter “instant company”) and agreed with the Defendants as follows (hereinafter “instant agreement”).

The Defendants are responsible for the supply of the virtue file in the instant company, supply DNA files to D with the minimum purchase price, and adjust the price in consultation at the time of cost increase in the future.

The plaintiff shall invest KRW 50 million in the company of this case, and shall provide additional support in consultation with the defendants in the event of a shortage of operating funds after the establishment of the company of this case.

The defendants are responsible for the overall business of the company of this case, prepare a fund operation plan of the company of this case and operate it at a minimum cost after consultation with the plaintiff, and the plaintiff shall actively support the company of this case with technical assistance, execution, etc.

The plaintiff and the defendants respectively have 50% of the shares of the company of this case.

The annual profits shall be distributed after the settlement of accounts, but may be distributed from time to time upon agreement by the two parties.

The plaintiff and the defendants shall cooperate to the maximum extent possible with the belief and good faith of both parties in respect of the business of the Soluk-Ilol file, and both parties shall aim to operate the same business, and may consult between them and between them, if necessary thereafter.

B. The Plaintiff invested KRW 50 million in the instant company in accordance with the instant agreement. On January 4, 2012, the instant company completed the registration of incorporation by making the said KRW 50 million invested by the Plaintiff as its capital, Defendant C as its representative director, Defendant A as its in-house director, Defendant A as its in-house director, H as its auditor, Seoul Jongno-gu I building and 1004 as its head office.

C. After the establishment of the instant company, the Plaintiff did not receive profit dividends from the Defendants on one occasion, and the instant company discontinued its business ex officio on September 30, 2013 because it did not pay value-added tax (value-added tax amounting to KRW 1,880,408 for the first half of 2012, KRW 1,743,462 for the second half of 2012, KRW 15,172,130 for the first half of 2013).

arrow