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(영문) 인천지방법원 2016.09.08 2015가합3316
투자금반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Investment contract 1 between the defendant and D Co., Ltd.) The defendant around September 2004 (hereinafter "non-party company") is the defendant D Co., Ltd. (hereinafter "non-party company").

) A reinforced aggregate extraction permission and sales business (hereinafter referred to as “instant business”) shall be between the Corporation and the Corporation.

In relation to the following terms, the Defendant’s agreement to invest KRW 500 million in the non-party company (hereinafter “instant investment agreement”) is as follows:

Upon mutual agreement, D Co., Ltd. (hereinafter referred to as “A”) and C (hereinafter referred to as “B”) shall undertake, under mutual agreement, the undertaking in accordance with mutual trust and good faith with respect to the receipt of funds required by A from B to the investment of the necessary funds from B, and shall agree that Article I (Investment of Funds) shall:

1. A set of 500 million won in a business related to the disposal and sale of aggregate aggregate;

(a) Advance payment: 40 million won (on the day of the contract);

(b) Balance: 460 million won; and

3. Eul shall decide to invest the remaining contract amounts set forth above in accordance with the project implementation schedule for Gap, and Gap shall request Eul to provide necessary funds at the time required for the fund, and Eul shall immediately invest Gap's necessary funds at the time required for the fund.

Article 3 (Provision of Security)

1. Within 15 days after acquiring funds, A shall be registered as Eul in the corporate register of Gap as its director;

2. All shareholders listed in the register of shareholders of Gap who are listed in the register of shareholders of Eul shall provide 30% of the total shares out of the shareholders' equity in order to guarantee Eul's investment and the payment of dividends.

Article 5 (Termination, Cancellation, Cancellation, etc. of Contracts)

1.In the event that B ceases to make an investment without making an investment in full the amount of the non-performance of this Arrangement and the amount of the investment arrangement, B shall waive all claims on the amount of the investment and any right to the agreement already made.

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