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(영문) 청주지방법원 2019.11.15 2019가합11545
청구이의
Text

1. The Defendant’s notary public against the Plaintiff is based on the notarial deed No. 1266, No. 1266, 2017.

Reasons

1. Basic facts

A. On January 22, 2016, D Co., Ltd. (hereinafter “D”) entered into an agreement with the Plaintiff and the Defendant regarding the establishment, operation, etc. of D (hereinafter “instant agreement”) on the following terms, as a corporation established by the Plaintiff and the Defendant for the purpose of product comprehensive wholesale and retail business, etc.

Article 2 (Matters concerning the Head Office and Officers of D and Investment Funds) (3) Matters concerning executives, etc.

1. Representative Director A (number of shares 20,000/per share amount of 5,000 won);

2. Company directors B (number of shares 20,000/1 share price of 5,000 per share). (4) Matters concerning investment in stocks and cash investment in officers (director B).

1. Number of stocks: 20,000 won/per share; and

2. The agreed purpose is to jointly develop the amount invested in cash 500 million won (the purpose, terms, etc. of agreement) ① The purpose of agreement is that only two persons Gap (Plaintiffs, hereinafter the same shall apply) and Eul (the defendant; hereinafter the same shall apply) start-up business in Seo-gu, Daejeon Metropolitan City with the F or G in Daejeon Metropolitan City.

(2) The terms and conditions of agreement between A and B for the purpose of development D are as follows:

1. A’s shares are transferred to A according to an agreement between A and B under the condition that A and B guarantee and implement the restoration, including the protection, preservation, maintenance, distribution, distribution, and growth profits, with the aim of blocking the development of D in order to prevent damage as a result of compulsory seizure, etc. of the shares and investment funds referred to in Article 2(4) may cause damage to D’s projects, and thus, Gap’s rights referred to in Article 2(4) are prevented.

At this time, Article 3 (2) 1 (referring to 50% of the shares of B under Article 2 (4)) provides that even if the value of D's assets (property, etc.) increases, A will allow B to implement the restoration without any additional claim.

2. The provisions of Article 3 (2).

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