(영문) 의정부지방법원고양지원 2017.08.25 2016가합75626

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(영문) 의정부지방법원고양지원 2017.08.25 2016가합75626

채권양도절차 이행청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Around 2000, C Co., Ltd. located in D in Pakistan (hereinafter “C Co., Ltd”) decided to establish a private charnel house E (hereinafter “the instant charnel house”) within the C Co., Ltd. (hereinafter “C Co., Ltd.”) according to the Defendant’s proposal.

B. Around that time, C prepared an agreement with the Defendant (Evidence A) with respect to the establishment of the instant charnel. Around that time, C had the Defendant bear all expenses incurred in establishing the instant charnel, and C had paid 70% of the profits accrued from the sale of the said charnel house at the time of the completion of the business, and C agreed that C and the Defendant jointly managed and operated the proceeds deposited prior to the completion of the business.

Accordingly, on January 15, 200, C prepared and delivered a power of attorney (Evidence No. 6) to the Defendant, which states that “In respect of a charnel case to be constructed within the inspection of the C company, C shall delegate the authority to select the contractor and the entire right of sale to the Defendant, shall delegate the said authority until the completion of sale, and shall not transfer the said authority to another person or delegate it to a third party.”

C. Around January 2003, the company and the defendant drafted a CJ charnel agreement (Evidence A No. 4).

The main contents of the above documents relating to the instant case are as follows:

Article 1 (Method of Allocation of Shares and Distribution)

1. C company and the method of distributing shares and dividends of the Defendant are to be distributed, except for sales fees (as approximately KRW 300,000) on the basis of 30% of the shares of C company and 70% of the shares of the Defendant.

2.The pricing standard of 2,300 won paid to the investor F in consultation with the Company C and the Defendant shall be recognized as the basis of the b.0 million won of the b.00 billion Won of the b.300s of the b.00s of the b.300s of the 2,300s of the b.F thereafter shall be F's responsibilities and rights

3.F's total amount of KRW 2,300 per share after deducting a total of KRW 2,300,000 per share of the difference between the stratos and the room.

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