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(영문) 인천지방법원부천지원 2016.06.29 2015가단112278

약정금

Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 6% from May 1, 2013 to September 8, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company aimed at exporting and importing agricultural products, and the Defendant is a corporation with the aim of cultivating agricultural products.

B. On May 19, 2012, the Plaintiff and the Defendant entered into a joint venture agreement, the main contents of which are bringing in, cultivating, and selling shot mushrooms in China, from China, to Korea, and distributing profits therefrom.

C. After that, the Plaintiff and the Defendant commenced the business of cultivating and selling sque mushrooms, but decided to terminate the joint venture agreement as they failed to achieve particular results or results, and on April 5, 2013, written the following agreements:

The main contents are as follows:

The defendant shall pay 25,00,000 won, which was agreed upon with the plaintiff, to the plaintiff by April 30, 2013.

However, there is no amount of expenditure between the plaintiff and the defendant that occurred until April 5, 2013, and the defendant takes over the remaining stoves and takes responsibility for the expenses and expenses incurred after the distribution is completed from Korea to the time the distribution is completed, and the plaintiff is not related to all matters concerning profits and losses.

With respect to technologies for cultivation and production in Korea, cooperation shall be made until the plaintiff completes the production of excreta, and expenses for the employment of technicians and other personnel expenses shall be paid by the defendant.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendant is obligated to pay KRW 25,000,000 to the Plaintiff according to the agreement entered into by the agreement dated April 5, 2013 (hereinafter “instant settlement agreement”).

B. At the time of the instant settlement agreement, the Defendant deemed that he would normally produce approximately KRW 70,00,000,000 with the Plaintiff’s cooperation, and that he would have divided the remainder of KRW 50,000,000 after deducting the amount of KRW 20,000 from the remainder of KRW 50,000 with the Plaintiff’s cooperation. < Amended by Presidential Decree No. 17058, Oct. 25, 200>