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(영문) 전주지방법원 2016.11.30 2014가합3534
투자금 반환등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

. No. 1, hereinafter “this case’s agreement”

“Preparations,” the main contents are as follows:

B Agreement between the first shareholders

1. The Plaintiff and K shall bear equally the rights and obligations to acquire 50% of the capital of the Defendant Company in acquiring each such rights and obligations, and the transfer of shares is possible with the consent of the upper shareholders.

2. It shall be a joint representative director responsible for business management (Plaintiff and K), one of whom shall be a full-time director, and the other may be a part-time director;

6. Distribution of profits - Benefits of each joint representative director shall be three million won.

- The distribution of profits was made preferentially in accordance with the shares of shareholders, but it was changed to receive KRW 60,000,000 per annum of 120,000 (per month 10,000 won) per annum of the model cost (per month 10,000 won) as above.

shall be jointly accumulated.

Other reference matters shall be governed by the agreement between the second shareholders of the D Group that was concluded between Defendant C and the Plaintiff ( August 17, 2012).

D Group 2 Shareholders' Agreement * (State), H, 1B, L

1. The Plaintiff shall revoke 35% of the Defendant Company’s shares and 35% of the H interest in acquiring 50% of the Defendant Company’s capital (Plaintiff 25% M 25%) on condition of acquiring existing investment.

Therefore, 20% of the H's shares acquired by the plaintiff shall also be refunded.

2. Since then, the overall business management, including the management and financing of the funds of the Defendant Company, shall be determined by the Plaintiff in consultation with K, a shareholder of the Defendant Company, and the overall business management, including H and L, operating and raising funds, shall be decided by the Defendant C.

3. As to the funds provided by the Plaintiff in M’s name, KRW 250 million, KRW 150 million provided in the name of the Plaintiff, and KRW 400 million, part after H’s unit acceptance loan will be adjusted and the remaining balance will be offered as security.

6. Other - The Plaintiff has the right to use without compensation the third floor office of the Defendant Company’s separate office on the condition that the Plaintiff acquires and maintains 50% of shares.

Provided, That where a person resides directly, the remodeling cost shall be the principal.

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