beta
(영문) 서울중앙지방법원 2020.01.15 2019나6613 (1)

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 2017, the Plaintiff and the Defendant managing the C’s “C” entered into an agreement on the commission of advisory members (hereinafter “instant agreement”) with respect to D’s harbor management and operation business (hereinafter “instant business”) located under the U.S. jurisdiction of the Defendant, with the terms that commissioning the Plaintiff as a full-time advisory member and having the relevant agencies affiliated with the Republic of Korea carry out all affairs related to the participation of the relevant agencies and the establishment and operation of the operating team (hereinafter “instant agreement”).

Article 2 [Confidentiality] The plaintiff is a "information, etc." (hereinafter referred to as "information, etc.") of D's 50 years and 50 years and 50 years and 50 years and 50 years and 50 years (per time extension) from the defendant

(1) As regards information, any of the following shall be consented to maintaining the confidentiality. ① Members of the National Assembly of the United States of the Republic of Korea who participated and actively signed with the Government in inducing the participation of the Government with respect to information, shall be legally paid the amount determined by the laws of the Republic of Korea in the name of the Plaintiff in the name of the Plaintiff. ② Otherwise, a consulting fee shall be paid to the Plaintiff as agreed upon (one hundred million won is not open to the public, and is not open to the public, and the Defendant and the Plaintiff requested mutual confidentiality.

Article 3 [Validity Term] The obligation to maintain confidentiality imposed under this Agreement shall continue to exist for twenty (20) years from the date of conclusion of this Agreement, provided that any circumstances exist (including where this Agreement is terminated or terminated due to reasons attributable to either of the Parties).

Article 4 [Cancellation or Rescission of Contract] The defendant and the plaintiff may terminate or rescind the contract in cases where a party fails to perform the provisions stipulated in this contract, or where a situation, such as liquidation under the bankruptcy and bankruptcy of either party to this contract, occurs.

B. Meanwhile, the Plaintiff and the Defendant concluded the instant contract on January 2017.