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(영문) 수원지방법원 2014.10.30 2012나39124

대여금

Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the funds ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On October 28, 2010, Plaintiff B entered into a partnership agreement with Defendant C and E, and with the intent to manufacture and sell a fisheries market price (hereinafter “instant partnership agreement”). The main contents of the agreement are as follows.

(Provided, “A” and “B” refer to Defendant C. Article 3 (Manufacture Technology): A is a patentee who holds a patent technology related to the manufacture and provides Party A with relevant technology and know-how to Party B, a partner under this contract and a joint owner.

(hereinafter referred to as "contribution") Article 4: A shall contribute to the following funds it owns:

1) Investment amount: (2) First: Costs of making samples 3) second: Costs of making samples : Article 8 (Purchase, etc. of Equipment): He shall supply all the related equipment in accordance with objective criteria in supplying equipment necessary for manufacturing process, with reasonable judgment in consideration of economic costs and optimal performance of machinery. (hereinafter omitted.) Article 19 (Matters of Special Agreement): (1) In this Agreement, A shall be B and E.

2) The costs of Party A invested in the Project shall be 50 per cent, respectively. 3) The distribution of earnings generated from the progress of the Project shall be 50 per cent, and Party A shall be 50 per cent, and Party A shall be 25 per cent, respectively.

B. Afterward E’s withdrawal from a partnership without fulfilling its investment obligation, Plaintiff B and Defendant C maintained the remainder of the agreement on November 15, 2010 excluding Article 19 among the instant partnership agreement. However, Article 19 is null and void and a special agreement is added to the following, and the main contents are as follows:

(Provided, That “A” and “B” refer to Defendant C). Article 18(3): A and “B” shall perform in good faith the contents of Articles 1 through 17; and A shall be reasonable under an agreement to facilitate the promotion of the project.