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(영문) 청주지방법원 2018.01.05 2016가단101488
가등기에기한본등기절차이행
Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from February 23, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a company engaged in the business of manufacturing artificial aggregate aggregate, the business of collecting aggregate, and the business of selling aggregate. (2) On October 2013, the Plaintiff entered into an agreement with C Co., Ltd. (hereinafter “C”) with the representative director, D, and E as follows.

(hereinafter “instant Investment Agreement”). The ownership of the additional mining rights under Article 1 (Ownership of Mining Rights) of the Agreement is the joint ownership of, E, D, and C three persons, and the actual share is 40% E, D10% D, and C50%.

Article 2 (Relationship of Ownership of Extracting Rights) The whole of the extracting rights by addition to the mining under Article 2 shall be included in C.

Article 3 (Transfer of Construction Rights to Extracting Mining Rights and Minerals)

1. C refers to the right to perform all mining works, including mining construction rights, to the plaintiff immediately after the agreement is reached, as a whole, of all extracting rights for the whole of the separate mining rights.

2. C The construction of the right to extract all of the mining rights in separate lots shall be given to the Plaintiff the construction of the right to extract earth and sand, stone, and other earth and stone.

Article 4 (Investment in Funds) The Plaintiff shall pay C in cash KRW 500,000,000 at the same time as an agreement to accept all construction rights, such as mining construction rights, construction rights, etc. of earth and sand under Article 3.

Article 5 (Distribution of Profits), upon completion of the construction in the project zone, all the expenses, including 50 million won, shall be charged for profits, E shall be 30% for profits, D shall be 10% for profits, C shall be 20% for profits, and the plaintiff shall be allocated at the ratio of 40% for profits.

Article 6 (Promotion of Business) The Plaintiff shall take measures necessary for extraction (such as securing the budget necessary for various authorizations, permits, and extractions) immediately upon receipt of all the rights to extract mining, the right to construct earth and borrows, etc. In such cases, E, D, and C shall actively cooperate with the Plaintiff to smoothly promote the project.

Article 7 (Security Rights to Investment Funds)

1. C is the representative director of the company that can secure the investment in Article 4 instead of receiving the investment money from the plaintiff.

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