logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.08.31 2017가단50228
투자금 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A. On September 30, 2014, the Plaintiff and the Defendants concluded the following contracts with respect to Defendant B’s local factory operation business (hereinafter “instant business”).

Article 1 (Purpose of Contract) In connection with the investment in Vietnam factory of “A” (referring to “Defendant B; hereinafter the same shall apply) in Vietnam, the shares of the local corporation Vietnam following the investment of “B” (referring to “Defendant C; hereinafter the same shall apply), “B” (referring to “Plaintiff”; hereinafter the same shall apply), “B” (referring to “Defendant D”; hereinafter the same shall apply) and “I” (referring to “Defendant D”; hereinafter the same shall apply) shall be determined.

Article 2 (Term of Contract)

1. The term of this Agreement shall be five years from September 30, 2014.

2. The contract term shall be automatically renewed for two years, unless the contract term is expressed by B, C, and C not later than three months before the expiration of the contract.

Provided, That Party A shall not adjust Vietnam corporation at his/her discretion.

III.(Distribution of Investment Amount and Share Rates)

1. The total amount invested in connection with investment in Vietnam factory shall be 1.5 billion won (a provisional amount) at the present base amount and shall be based on the share distribution rate;

Provided, That the total amount of investment at the time of the end of the primary investment shall be adjusted based on the share distribution rate by determining the total amount of investment at the time of the primary investment.

2. B: C: Equity interest rate shall be 70% of the total amount invested under paragraph (1): 10%: 10%.

Provided, That 5% of the shares of Gap shall be additionally allocated to Vietnamese Local Resident C (Defendant C).

(65%: 15%: 10%; 10%)

3. In determining the share ratio referred to in paragraph 2, the investment amount of Section B, C, and justice room shall be KRW 100 million each, and the relevant amount shall be paid to Section A by September 30, 2014.

The remaining amount of investment shall be invested by A.

Provided, That where re-investment is made in the future, the rate of shares may be adjusted and consulted.

Article 4 (Payment of Dividends)

1. The method and time for paying dividends according to the share ratio shall be re-consultationd during the first quarter of January 2015;

Article 5 (Termination of Contracts)

1. The initial contract period;

arrow