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(영문) 서울중앙지방법원 2017.07.18 2016가합551279

손해배상(기)

Text

1. The defendant A and the defendant Seoul Guarantee Insurance Co., Ltd. jointly share KRW 300,000,000 to the plaintiff and they jointly do so.

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that manufactures and sells chemical drugs, etc. established under the laws of the Republic of Korea. C Co., Ltd. (hereinafter “C”) is a legal entity that researches and sells radio security software technologies established under the laws of the State of California (hereinafter “U.S.”), and Defendant A is a professor of D University and a professor of D University and C’s representative director from July 2001 to July 2001.

B. On June 24, 200, the Plaintiff invested USD 2 million in C’s development of radio security software technology, and C entered into a share purchase agreement with the Plaintiff to issue 4 million common shares to the Plaintiff (hereinafter “instant share purchase agreement”). The Plaintiff invested USD 800,00 in C according to the said agreement, and was issued 1.6 million common shares by C.

C. On July 23, 2002, the Plaintiff filed an application for arbitration with the American Arbitration Association (hereinafter referred to as the “U.S. Arbitration”). On July 9, 2007, on the following grounds, the arbitrator filed an arbitral award with the Defendant to jointly and severally pay USD 950,465.8, and USD 944,696.46, out of the said amount with the Defendant A (hereinafter referred to as the “instant arbitral award”).

C shall make efforts based on the principle of good faith to implement the instant contract. In light of the submitted evidence, C’s above Seoul City Sypt does not seem to have shown that security transactions can be wirelessly conducted because it is not only an imitated computer operated by imitated program.

In light of the fact that there is almost little evidence that the technical specifications of the product, including the degree of development, ability to perform, functional characteristics, and method of use, C shall develop the product as stipulated in the contract of this case.