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(영문) 대구지방법원 2020.02.06 2019가단120456

약정금

Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a party (1) on April 1, 2008, who registered his/her business with a trade name “D” and operated an advertising business and closed on February 28, 2012.

(2) Defendant B registered his business with the trade name “E” on April 1, 2007, and registered his software development business and printing business, etc., Defendant B closed his business on June 8, 201 and was appointed as the representative director by establishing “F” around that time.

B. (1) The Plaintiff and the Defendants, on May 2, 2006, have written the following documents (hereinafter “instant agreement”).

A: G (former Apartment Industrial Complex): / [Plaintiff] A and B enter into an agreement concerning the computerized business of H (hereinafter referred to as the “Company”).

1. Eul shall make its best effort after the conclusion of this Agreement to carry out G-related advertising affairs;

2. A shall exclusively take charge of the company’s computer-related advertising business (written notice) and shall grant B a notice notice.

3. (Omission)

4. A shall not participate in all of the advertising activities of B, including the amount received as a contract and the use of such amount.

5. (Omission)

6. Monthly advertising expenses shall be paid not later than the fifth day of the following month.

7.A shall be deemed as owned by B in any case a share of the Company A in any case.

8. (Omission)

9. B does not interfere with the computer operation and profit-making of Company B, and does not require the allocation of profit or profit-making or the distribution of the enemy.

Provided, That the company shall grant one copy of the statement of total sales and total expenditure of each month to the B.

10-11. (Omission) Company Name A: Representative G address: [Defendant B] B] (name of guarantor of H: Name of guarantor of H: / [Defendant C] (2] Defendant C] (hereinafter referred to as “Defendant C”), ② KRW 15 million on May 12, 2006, ② KRW 10 million on July 2, 2006, ③ KRW 10 million on November 5, 2007, ④ KRW 5 million on June 15, 2009.

[Ground of recognition] Unsatisfy, A(1) through (3)