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(영문) 서울중앙지방법원 2015.04.10 2014가합512829 (1)

손해배상

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On June 29, 2012, the Plaintiff and Defendant D Co., Ltd. (hereinafter “D”) entered into a development project agreement with respect to the E-electric power generation business located in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant electric power generation business”).

(hereinafter “instant development project contract”). The main contents of the instant development project contract are as follows.

Article 2 (Matters agreed upon) (1) The Plaintiff intends to acquire Defendant D in the form of stocks for the electric generation business of this case.

② The acquisition amount of Defendant D shall be 3,800,000 won.

The determination of the acquisition amount shall be based on the calculation details of the data on the instant electric generation business submitted by Defendant D.

Defendant D provides the maximum reliable data on the amount so that the Plaintiff can present it to investors.

(3) Payment method and down payment for acceptance price: 300,000 won for the first intermediate payment of KRW 1,500,000 (within 15 days based on the number of business days after obtaining permission for the development) (within 15 days based on the number of business days after obtaining permission for the development): The third intermediate payment of KRW 1,500,000 (within 15 days based on the number of business days): The remainder of KRW 500,000 (within 50% of the work for the installation of a power plant): 50,000,000 (within 10 days based on the number of business days after completing the construction) (4) The Plaintiff shall deposit into the Defendant D account opened separately within 25 days based on the number of business days from the contract date.

The amount deposited in this account shall be managed by the plaintiff as funds to obtain the approval of the electricity generation business complex of this case.

Expenses incurred in granting permission for development shall be managed in the same manner.

⑤ To proceed with the instant electric generation business, Defendant D and B shall provide the Plaintiff with all material and intellectual property rights, including all know-how, etc.

Until the payment is completed, ownership is paid to Defendant D, but after payment of the first intermediate payment of KRW 1,500,000,000, the ownership is over the ownership upon receipt of payment guarantee from SPC.