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(영문) 서울중앙지방법원 2017.04.27 2016가합538528

위약벌청구

Text

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

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

Reasons

1. Basic facts

A. The status of the party is a company with its head office in Japan established for the purpose of the management of recreation establishments, the installation and management of vending machines, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the purpose of producing, copying, selling and distributing broadcast programs at home and abroad. Defendant C is the chairman of the Defendant Co., Ltd.

B. On February 19, 2016, the Plaintiff and the Defendant Company entered into an agreement relating to joint management (hereinafter “instant agreement”) of D Co., Ltd. (hereinafter “E”) established for the purpose of running a golf course, etc., and entered into an agreement relating to joint management (hereinafter “E”), regardless of whether it was before or after the mutual change; and the Defendant C, the representative of the Plaintiff and the Defendant Company C, the president of the Defendant Company, jointly and severally guaranteed the obligations of the Plaintiff and the Defendant Company relating to the said agreement.

The objective of this Convention is to enhance the value of the company through the stable operation of E located in Gyeonggi-do G, and to set the rights and obligations between the parties to the Convention in relation to joint management measures in which both the contracting parties are benefiting.

Article 3. E 1 Decision on the composition and major issues of the board of directors (1) The organization of the board of directors of E shall be five, and three of five directors at a general meeting of shareholders shall be elected by the plaintiff and two of the two directors by the defendant company.

After organizing a board of directors, the representative director among the inside directors shall be in charge of the director designated by the plaintiff, and the CFO in charge of finance and accounting shall be in charge of the director designated by the defendant company.

Article VIF and Defendant Company’s Joint Management Period. (2) This Convention shall be automatically terminated if the intent of Joint Management is impaired due to the transfer of this Convention and illegal acts in E during the period of this Convention.

Article 7. The penalty against breach of the Convention.