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(영문) 서울중앙지방법원 2013.12.30 2012가합67714
투자금반환 등
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic factual basis within the scope necessary to determine the cause of the claim;

A. Section B (Co., Ltd.) of the instant company (Co., Ltd.) (Co., Ltd.) is a special purpose corporation (SPC) established on June 13, 2007 in order to promote the business of manufacturing, installing, and operating ten wide-area electric railroad screen in the Seoul metropolitan area, including rolling stock stations (hereinafter “instant company”).

B. On January 30, 2008, the instant company and the Korea Railroad Corporation entered into a business agreement with the Korea Railroad Corporation on the business of manufacturing, installing and operating the platform screen of the metropolitan electric power station (hereinafter “instant business”).

The main contents of the instant project are as follows: (a) up to 16 months from the date the private business operator was notified of the policy of donation acceptance, the private business operator made and installed screen facilities on the platform of the metropolitan electric railroad station and donated them to the Korea Rail Network Authority after completing construction; and (b) in return, profits from screen facilities without compensation by means of advertising business for 21 years.

(See Evidence No. 7). (C)

On November 28, 2008, the Korea Rail Network Authority notified the instant company of the policy on the donation of facilities by screening as stipulated in the instant business agreement. D.

On October 14, 2009, the Plaintiff and the Defendants (hereinafter “Plaintiff”) invested KRW 2,790,000,000 in the instant company.

On October 14, 2009, the Plaintiff and the Defendants (the Plaintiff and the Defendants (the Defendant (State) was merged with the Defendant (State) Spoco) which are the subject of the agreement at the time were merged into the instant agreement on October 16, 201) concluded the instant business agreement on October 16, 2009.

(The main contents are as follows, and detailed contents are as follows. The institutions (hereinafter referred to as "parties" and "parties") recorded in Appendix 1 (Partys and Equity Shares) of this Convention (hereinafter referred to as the "Convention") are as follows:

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