beta
(영문) 인천지방법원부천지원 2019.04.03 2017가합104698

투자금반환등 청구의 소

Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s respective entries in the separate sheet to C Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures tapes entering the ED display and exports them to an electronic device company. The Defendant is a company that manufactures and supplies electronic equipment, and C (hereinafter “C”) is a company that manufactures and supplies greenhouse gas-related parts.

Article 1 (Purpose) The purpose of this Agreement is to prescribe the research and development of E brand products and the smooth supply and demand of products through strategic business partnerships between both enterprises based on MOU, and to maintain close cooperative relations in the performance of both enterprises.

Article 2 (Investment Funds) The Plaintiff shall invest KRW 1 billion in C, and the purpose of the investment funds shall be used as C’s product development and operation funds.

1. Early five hundred million won;

(a) May 4, 2016 enforcement;

2. Additional KRW 500 million.

(a) Article 3 of the Enforcement Decree of June 2016;

1. C is responsible for research and development of products.

3. The Plaintiff, under the terms of settlement and sales, sells the strings to C at KRW 27,678, and the settlement terms are the same as the settlement date of C’s customer company.

Article 5 (Termination of Contract) If one of the parties to the two enterprises fails to perform a significant obligation under this Agreement or is de facto difficult to take a leave of absence, the contract may be terminated through mutual consultation, and the parties to the obligation shall be liable to compensate for damages.

In addition, when the contract is terminated, the plaintiff's investment and C's share shall be refunded.

B. On May 3, 2016, the Plaintiff entered into a business partnership agreement with C (hereinafter “instant contract”) as follows, and deposited KRW 500 million with D’s representative director D’s account on May 4, 2016 according to the terms of the contract.

C. C remitted money to the Defendant as shown in the attached Table as the repayment of goods price, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3 and 5 evidence (including branch numbers if there are branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.