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(영문) 서울중앙지방법원 2020.09.17 2019나20091

앱 개발비 등

Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After filing an appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”), and the Defendant is the representative of D Co., Ltd. (hereinafter “D”). However, the content of the contract under Paragraph (b) below is the representative of D Co., Ltd. (hereinafter “C”).

B. Around the end of 2016, the Plaintiff entered into a “D business underwriting agreement” with the Defendant (hereinafter “instant contract”).

The contents of the acquisition business: The defendant's business and operating rights related to the travel business and the smartphone-based sharing app E (hereinafter referred to as "E"), related programs, patents, website, and registered contents copyright (excluding user registration contents): The defendant shall provide the plaintiff with 100% of the outstanding shares of the credit rating company (90,000,000) without compensation after full repayment of the remaining debts of the credit rating company (90,000,000).

The Defendant shall provide the Plaintiff with the relevant contents of “E” in the business sector.

The total amount of operating income generated by the website, etc. after the reorganization of the plaintiff's website and the total amount of operating income generated by the defendant's business shall be used first for the repayment of remaining debts.

The plaintiff shall bear the investment related to the "E", and establish a new corporation for registration as a representative director, and provide 49% shares to the defendant free of charge.

The plaintiff and the defendant shall not increase the capital before mutual agreement on the share of "E" and shall not transfer it to any other person.

The defendant shall provide a new corporation with the "E"-related program and patent right without compensation after the incorporation of a new corporation.

The new corporation shall be dissolved upon the termination of this contract.

The plaintiff shall bear additional development expenses related to "E", and advertising and publicity expenses for promoting the sale of travel products.

The plaintiff re-Adjustments the defendant's monthly salary after the completion of the repayment of the defendant's debt.

The plaintiff and the defendant may terminate this contract under mutual agreement, and shall notify the intention of termination in writing three months prior to such termination.

At the time of termination of the contract, the business operated before the mutual contract is terminated shall be recovered individually.

(c).