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(영문) 광주지방법원 2018.01.19 2016가합61001
대여금
Text

1. Of the instant lawsuit, the part of the claim for confirmation of the shareholder's rights against Defendant C, and against Defendant B.

Reasons

1. Basic facts

A. The Defendant Company B (hereinafter “Defendant Company”) is a company established for the purpose of manufacturing and selling various vehicles, transportation machinery and appliances, and their parts. Defendant D Co., Ltd. (hereinafter “Defendant D Co., Ltd.”) is a company established for the purpose of selling imported automobiles and imported construction machinery and services agency, etc. The Plaintiff is the representative director of the Defendant Company, and Defendant C is the representative director of the Defendant Company.

B. On August 26, 2015, the Plaintiff and Defendant Manufacturing Company concluded an investment agreement (Evidence A2; hereinafter “instant agreement”) as follows, and Defendant C and Distribution Company jointly and severally guaranteed the Defendant Manufacturing Company’s obligations under the instant agreement.

Article 2 (Contents of Investment) The contents of this Agreement shall be as follows:

1. Primary investment cost: 500,000,000 won;

2. The primary investment profits: 20% of the shares of the defendant manufacturing company, and 50% of the management rights and shares of the defendant selling company.

3. Secondary investment: Terms and conditions for interest payment of 18% per annum with borrowed money.

4. Contents of investment: Article 3 (First Investment and Conditions) of the expenses for purchasing diverse products, equipment and materials, and operating of companies;

1. The Plaintiff shall invest KRW 100,000,000 as of the date of concluding a contract, and KRW 200,000,000 as of September 10, 2015, and KRW 200,00,000 as of September 30, 2015.

2. The Defendant Manufacturing Company shall provide the Plaintiff with all documents necessary for the operation and 50% of the shares of the Defendant Distribution Company on the date of concluding the contract.

3. The defendant manufacturing company shall enter into a total sales contract with the defendant selling company on the date of concluding the contract.

4. Since the total sales contract is submitted to a dratus, the defendant company may not terminate the total sales right and the term of the contract for all vehicles manufactured by it permanently.

5. The defendant selling company entered into a contract for the transfer of 20% of the shares of the defendant selling company to the plaintiff or to the person designated by the plaintiff, and if the plaintiff's total amount of the primary investment is invested, it shall be transferred to the National Tax Service.

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