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(영문) 전주지방법원 2019.09.26 2018가합3501
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(2) On July 29, 201, the Plaintiff (Signature) Plaintiff (Signature) 1) on July 29, 201, and the Defendant and C Group (C Group D and Limited Company E (hereinafter “hereinafter”) are the instant company.

(2) The Plaintiff: (a) transferred the amount of KRW 400 million on June 29, 201, KRW 500,000 on July 18, 201, from the account under the name of the Defendant to the D Co., Ltd. that is managed by the Defendant from the account under the name of the first shareholder of the Group C Group (hereinafter “C Group”); and (b) transferred the amount of KRW 400,000,000 on July 29, 201, which is the date on which the agreement was made between the first shareholder of the Group C Group C Group 1, and completed the payment of KRW 400,000,000 to the Defendant on July 29, 201, which is the date on which the agreement was made.

3) After August 17, 2012, the Plaintiff and the Defendant drafted a written agreement between the second shareholders of the C Group (C Group I, the instant company, and the hotelJ) (hereinafter “C Group II shareholders”), and the main contents are as follows.

C Group 2 Shareholders' Agreement * Company I, the instant Company and the HotelJ

1. On the condition that the Plaintiff acquires 50% (Plaintiff 25% H 25%) of the company’s capital, the Plaintiff is to revoke 35% of the company’s shares in this case and 35% of the company I’s shares in the existing investment.

Therefore, 20% of the shares in I Co., Ltd. acquired by the plaintiff shall also be refunded.

2. Since then, overall business management, including fund management and financing, of the instant company, shall be determined by the Plaintiff in consultation with K, a shareholder of the instant company, and the overall business management, including fund management and financing, of I and I in the hotelJ, will be the Defendant.

6. Other - The Plaintiff has the right to use without compensation the third floor office of the company of this case on the condition that the Plaintiff acquires and maintains 50% of shares.

Provided, That in cases of direct dwelling, remodeling expenses shall be borne by the principal.

Defendant (Signature) Plaintiff (Signature) on August 17, 2012

B. The Plaintiff prepared a written agreement between the primary shareholders of the instant company and the secondary shareholders of the C Group.

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