beta
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. On December 2, 2008, F, the representative of the company based on basic facts E company (the actual operator died on July 9, 2012, G, the husband of F, or on July 2, 2012) agreed to jointly develop and operate a mine located in H, I, etc. (hereinafter “D company”) by taking charge of “F’s production management, authorization and permission, etc., and H, and I’s capital investment and execution, etc., as a joint business agreement between H and I (the actual investor is an I’s dead L), and by March 2, 2009, the F’s share was 50% in total, while entering into a joint business agreement with H and I.
H, on February 25, 2009, entered into a joint agreement as above and entered into a joint agreement as above and carried out the development project of the D company by inserting KRW 273 million. However, H did not invest additional funds, causing obstruction to the project, thereby giving up the entire equity, transferring the entire equity to K, and investing KRW 150 million to K.
On March 20, 2009, the Plaintiff sought an investment explanation of D Company from K and L, and prepared an agreement with K on March 24, 2009 as follows. On March 23, 2009, the Plaintiff paid KRW 95 million to K around that time, with L’s investment deposit account, KRW 36 million as L’s partner’s passbook, and KRW 30 million as of March 24, 2009, KRW 24 million as of March 24, 2009, and KRW 5 million as of April 6, 2009.
K owns 30% of the shares of D Company, and there is no dispute between the parties on the fact that: (a) 10% of the shares of D Company is 10% of the shares of D Company on condition that the Plaintiff invests KRW 100 million; (b) 10% of the shares of D Company is 10% of the shares of D Company, not 3% of the total shares of D Company; and (c) 10% of the shares of D Company are all shares of D Company. In preparing an agreement to own of
1. K shall return the KRW 100 million invested by the Plaintiff on June 25, 2009. If the date of return becomes effective, it shall be until the date of return.