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(영문) 서울중앙지방법원 2018.05.11 2017나47313
약정금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiffs' claims against the defendant are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. The defendant is the representative director of the F Co., Ltd. (hereinafter referred to as the "F") whose business purpose is the design and construction business of excreta treatment facilities, purification facilities of sewage and treatment facilities of livestock wastewater, etc.

The Plaintiffs are those who invest in H Co., Ltd. (hereinafter referred to as “H”) established in relation to G business (hereinafter referred to as “instant business”).

B. On early 2006, the Defendant proposed an investment to the Plaintiffs, stating, “The instant project is a project promoted by Anyang-transfer-lease, and if the Defendant establishes and proceeds with a special purpose corporation (SPC) as it is capable of complying with its business rights, it may pay a large amount of profit.” The Plaintiffs accepted an investment.

C. On September 26, 2006, the Defendant established H (Capital: 200 million won, face value per share: 500 won, number of stocks: 400,000 shares) for the purpose of the project for sewage treatment projects, etc.

The plaintiffs, around September 2006, when the defendant establishes H, invested a total of KRW 40 million (80,000) by the plaintiff A and the rest of the plaintiffs (40,000,000 won each), respectively (the money capital of KRW 100,000) by 10,000 (the money capital of KRW 40,000 and KRW 20,000). The plaintiff and the defendant became a joint representative director of H. D.

H entered into a contract with F on November 1, 2006 regarding the use of the public law patent necessary for the instant project owned by F.

(B) Around March 2, 2007, H entered into a basic agreement on the formation of a consortium and the establishment of a special purpose corporation (SPC) for the joint implementation of the instant project with the Scco Construction Co., Ltd. (hereinafter referred to as the “Scco Construction”), Tae Young-young Co., Ltd. (hereinafter referred to as the “Scco Construction”), Tae Young-gu Co., Ltd., the gold Industry Co., Ltd., the New-gu Construction Co., Ltd., the Korean National Bank, and the

(No. 5) Accordingly, the above company shall carry out a joint project plan for the promotion of the project in this case.

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