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(영문) 서울중앙지방법원 2018.04.06 2017가합542661

약정금

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. The Plaintiff is a company established for the ownership and operation of a seal-lined vessel (hereinafter “instant vessel”).

The Solomon Savings Bank Co., Ltd. was declared bankrupt on April 30, 2013, and the defendant was appointed as the trustee in bankruptcy of the above bank.

(hereinafter “Defendant”) and Solomon Savings Bank, without distinguishing between “Defendant” and “Defendant” (hereinafter “Defendant”).

On February 17, 2010, the Plaintiff, the Defendant, and the Indian Shipping Co., Ltd. (hereinafter “Human Shipping”) entered into a contract with the Defendant’s share of 9.9% and 90.1% of the shares of Indian Shipping (hereinafter “instant agreement”). The main contents are as follows.

Article 1(Definitions)(Definitions) The term "management costs" means charter fees, crew expenses, vessel supplies, lubrication expenses, repair expenses, insurance premiums, marketing expenses, taxes and public charges, other charges, and expenses related to luxe land (argument and fee).

The term "sale proceeds" means the amount calculated by subtracting all of the expenses related to sale, the total amount of principal and interest of loan under a loan agreement, the acquisition value of investors' stocks, and the annual amount of 9% of the acquisition value of stocks from the purchase price of a

Article 7 (Basic Agreement on the Project) (1) The exercise of the right to manage the subject company (hereinafter referred to as the Plaintiff), including charter and vessel management (referring to operation, business and short-income management) for the instant vessel, shall be held by strategic investors (hereinafter referred to as "human shipping"), and an important matter that may affect the rights or interests of financial investors (hereinafter referred to as "Defendant") shall be consulted with financial investors.

(2) The subject company has opened the Korean won deposit account and US dollars deposit account in which all revenues of the subject company are deposited at its own business store designated by the financial investor, and under its own name on the business store of the financial investor.