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(영문) 서울중앙지방법원 2017.12.12 2017가단5103859

기타(금전)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 10, 2014, the Plaintiff and the Defendant entered into an agreement on the business partnership (hereinafter “instant agreement”) and the main contents are as follows.

Article 2(1) (Equity Investment) (1) The defendant shall subscribe to 60,000 shares (total amount of subscription: 300,000,000 won: 1,160,000 shares for total issuance; 5.8 billion won for total issuance; 5,000 won for each share: 5,000 won) that the plaintiff paid during March 2014 (hereinafter “instant shares”).

(2) The Defendant has an option to sell shares acquired from the Plaintiff from a person designated by the Plaintiff (hereinafter “instant option to sell shares”) and shall ensure that the Defendant’s sale of shares is achieved when the Defendant requests the sale of shares.

(1) The plaintiff shall carry out sales agency services through the sales of diskettes and the comprehensive reservation service system of the defendant related to the business and the defendant's designated tugboat office.

(2) The specific contents and conditions of subsection (1) shall be determined by the Tweet sales agency contract.

B. Around March 10, 2014, the Plaintiff and the Defendant entered into a contract for sales agency of diskettes sales (hereinafter “instant sales agency contract”) with the content that the Defendant would sell tickets to the Defendant on behalf of the Plaintiff’s sales agent (hereinafter “instant sales agency contract”).

C. On February 3, 2017, the Defendant notified the Plaintiff of the purport that “as of March 10, 2017, the date on which three years elapsed from the date of the instant agreement pursuant to Article 2(2) of the instant Convention, the Defendant requested the sale of the instant shares, and gave guidance on the procedures for the sale of shares.”

According to the instant sales agency contract, the Defendant did not pay KRW 31,132,778 from March 11, 2017 to March 31, 2017 through the Defendant’s comprehensive reservation service system, etc.

E. On April 10, 2017, the Defendant is against the Plaintiff.