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(영문) 서울남부지방법원 2015.11.17 2014가단223944

대금청구 등의 소

Text

1. The Defendant’s KRW 100,000,000 for the Plaintiff and 6% per annum from July 30, 2014 to November 17, 2015 for the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On October 16, 2012, the Defendant: (a) requested the Plaintiff to engage in consultation on the ballast consultation on the place of work for the complete medication drugs; and (b) consulting on the permission for the manufacturing of drugs of the Food and Drug Administration; and (c) entered into a contract between the Plaintiff and the Plaintiff on the following summary (hereinafter “instant contract”).

- A. - The consulting price shall be KRW 100,00,000 among them. Among them, KRW 70,000 (7% out of the total shares issued by the Defendant Company) shall be replaced by the delivery of KRW 700,000 (7% of the total shares issued by the Defendant Company) to the Defendant Company at the time of the conclusion of the instant contract, and the remainder of KRW 30,000 shall be paid until December 31, 2013. The Defendant shall distribute the profit distribution after the commencement of the business in 2013 to the Plaintiff out of the total dividends after the settlement of accounts, and the amount of dividends shall be at least 30% out of the annual net income. The Defendant shall re-purchase the above KRW 700,00 at the Plaintiff’s request.2) At the time of the conclusion of the instant contract, the representative director of the Defendant Company, who was a representative director of the Defendant Company, was only one and only one employee C, at the time of the instant contract.

Plaintiff

The worker in charge of the company was D.

B. The Plaintiff’s performance of the contract was almost one year and six months, including support for the construction of water treatment and injection water system, working environment standard setting, field trips in the same industry, preparation and support of permission documents, and vicarious performance of questioning by the Food and Drug Administration.

C. The Defendant’s non-compliance with the contract was provided with consulting from the Plaintiff, but there were many causes, such as financial shortage, delay in the purchase of manufacturing and inspection facilities, delay in the establishment of working environment, lack of human resources, etc., and the representative director changed from B to E, and the Defendant’s 700 shares issued by the Defendant Company that should have been transferred immediately after the conclusion of the contract of this case did not transfer to the Plaintiff and did not pay KRW 30,000,000 to the Plaintiff by December 31, 2013.

[Ground of recognition] Each statement of Gap evidence Nos. 1 through 13, witness.