손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff operates C Co., Ltd., which is engaged in boiler manufacturing and sales business, and the Defendant is the substantial master of D Co., Ltd. (hereinafter “instant company”).
B. On June 30, 2015, the Plaintiff and the Defendant: (a) acquired the instant company in KRW 900 million; (b) paid the acquisition price in installments by December 31, 2018; and (c) concluded a contract under which the Defendant employs the Defendant as the head of the instant research institute and pays the Defendant the sales price or royalties (hereinafter “instant contract”); and (d) around that time, the Plaintiff paid the Defendant the down payment KRW 100 million for the instant contract.
C. From July 2015, the Plaintiff began to prepare for the instant company’s operation by leasing a new factory building at the time of the Si of the Si of the Gu, but there was a dispute between the Plaintiff and the Defendant as to whether the obligation under the instant contract is legitimate, such as the property status of the instant company, the transfer of technology, and the payment of acquisition price.
In the process, the Plaintiff established E Co., Ltd. (hereinafter “E”) on September 15, 2015, and transferred the assets of the instant company, including facilities and patent rights, to himself/herself or E in its name. Around January 2016, the Defendant filed a complaint with the Plaintiff for breach of trust, fabrication of private documents, etc. by taking into account the Plaintiff’s aforementioned acts as a problem.
E. Ultimately, on April 7, 2016, the Plaintiff agreed with the Defendant with the following content (hereinafter “instant agreement”).
1) The Plaintiff cancels the instant contract. 2) The Plaintiff confirmed that the assets of the instant company were transferred to the Plaintiff or E without permission, and transferred the assets of the instant company to the Plaintiff or E again.
3) Co., Ltd. F (hereinafter “F”)
E’s debt KRW 100,000 shall be the defendant.