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(영문) 서울중앙지방법원 2016.06.30 2015가합14872
주식인도 등
Text

1. The Defendants are jointly and severally liable to Plaintiff B for 27,00,000 won and the period from June 16, 2015 to the date of full payment.

Reasons

1. Basic facts

A. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) is a company with the objective of financial consulting business, etc., and Plaintiff B is its representative director.

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company aimed at manufacturing general consumer goods, etc., and Defendant D is the representative director of the Defendant Co., Ltd.

B. On January 3, 2014, the Plaintiff Company and the Defendant Company concluded a business partnership agreement with respect to the manufacturing and distribution business of the E system of the Plaintiff Company (hereinafter “instant contract”). The main contents of the instant contract are as follows.

The defendant representative director D (hereinafter referred to as "A") and the representative director B of the plaintiff company (hereinafter referred to as "B") enter into a business partnership agreement with respect to the manufacturing and distribution business of the E system (F) as follows (hereinafter referred to as "this agreement"):

Article 2 (Scope of Partnership Affairs) The partnership affairs of “B” include affairs incidental to the inducement of funds, management consulting, legal advice and partnership affairs necessary for the successful implementation of the above affairs.

In particular, the affairs related to the inducement of funds, which are the subject matter of the above project failure, shall be in principle carried out by “B”, and “B” shall review and assess the reputation, technical capabilities, confidence, etc. of “A”, and shall determine the nature and conditions of the funds of the above project after consultation with “A”.

Article 3 (Payment of Partnership and Remuneration and Bearing of Expenses for Affairs)

A. After the conclusion of the “this Agreement” with respect to the transfer of the shares in the business, the primary fund (a.e., KRW 1.., KRW 1.5 billion) required to A is attracting; at the same time, the “A” transfers 15% of the shares in the “A”’s shares to “B,” and shares business rights, and after consultation with the “A, one of the two paid officers (a.e., KRW 1 of the two paid officers) designated by the “B” is employed. The “this Agreement” under Article 7 (Period and Effect of Contract) is from the date of the first deposit of the funds in which the “B” is held.

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