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(영문) 서울중앙지방법원 2016.06.16 2015가합560139
손해배상(기)
Text

1. The Defendants jointly share KRW 500,000,000 with respect to the Plaintiff and Defendant B, from December 2, 2014.

Reasons

1. Basic facts

A. The Plaintiff Company is a company established for the purpose of selling, manufacturing, and exporting ELD products.

Defendant B (hereinafter “Defendant Company”) is a company established for the purpose of software development business, web design business, etc.

On October 2014, the representative of the defendant company was DD with inside directors (on July 19, 2014, he/she was appointed as inside directors and resigned on July 14, 2015), and on October 31, 2014, E assumes office as inside directors and representative directors of the defendant company and represents the defendant company from that time.

(However, E retired from the representative director on July 14, 2015). The defendant C is the husband of the defendant company E, who is the inside director of the defendant company, and the person who actually operates the defendant company.

B. Around October 2014, the Plaintiff Company entered into an investment agreement between the Plaintiff Company and the Defendant Company (hereinafter “instant investment agreement”) with respect to a development project conducted by the Defendant Company on behalf of the Defendant Company and the FF Company (hereinafter “instant implementation project”). Around October 30, 2014, the Plaintiff Company paid KRW 500 million in total by transferring the amount of KRW 300 million to the Defendant Company’s account.

The details of the instant investment agreement concerning the instant case are as follows.

The Plaintiff Company and the Defendant Company agree with respect to the investment of the Plaintiff Company and the return of the Defendant’s investment profits with respect to F implemented by the Defendant as follows:

C. Foods

2. In return for the investment of the Plaintiff Company, the Defendant Company set 10% equity interest in a separate corporation (tentatively named G corporation; hereinafter “G”) that is scheduled to be established separately for the implementation of F, as the price for the investment of the Plaintiff Company, at the immediately after the establishment of G.

4. The defendant company is designated by the plaintiff company as the last business day of every month for 30 years from the commencement date of the business with 50% of the F Advertising earnings to the plaintiff.

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