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(영문) 수원지방법원 안양지원 2018.11.15 2017가단5936

양수금

Text

1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from June 15, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. Although the Defendant developed assistive goods with hearing disability, it did not have manufacturing ability, Nonparty D, E, and F agreed to invest KRW 100 million in the Defendant Company.

B. Nonparty D, E, and F invested 33% of each of their 33% shares to establish the Plaintiff Company, and on May 21, 2015, the Plaintiff drafted a basic contract with the Defendant (hereinafter “instant contract”).

Article 1(Purpose) This Agreement shall ensure that all products developed and sold by the “C (the name, hereinafter the same shall apply)” can be carried out smoothly through a contract with the “A (the name, hereinafter the same shall apply)”, and, at the same time, the success of the business shall be determined as a common objective on the basis of mutual trust, and ultimately, its objectives shall be the growth and development.

Article 2 (Participation in Shares)

1.A shall participate in 5% of the shares of “C” in promoting a cooperative project with “C”.

2.A Agreement on Transfer or Acquisition of Equity Shares in which “A” has participated shall be included in a separate sheet.

Article 3 (Apportionment of System:C)

1.The term “C” shall complete the development of products, sell them to consumers and manage them continuously;

2.The term “C” shall provide “A” with development-related data necessary for production, and actively cooperate in the review when there is a request from “A for changes in matters related to production (raw materials and design structure).

(A) Article 4 (A)

1.A “A” shall endeavor to ensure the smooth manufacture of products by carrying out the management of purchase and production of materials with respect to orders received from “C”.

(b) Article 6 (Cancellation of Contract)

1.A “C” or “A” may cancel all or part of a basic contract and an individual contract without peremptory notice when the other party falls under any of the following:

“A” has violated, transferred, or offered as security, confidentiality arising under this Agreement without the written approval of the other party.

(b) Both parties shall enter into basic contracts or contracts;