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(영문) 대구지방법원 김천지원 2018.10.18 2017가단33380

약정금

Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, the Plaintiff’s Intervenor (hereinafter “ Intervenor”), the Defendant, and the Room Electronic Co., Ltd. (hereinafter “Room Electronic”) supplied the PCBbembembs for TV monitoring to the ELS plant according to the ratio of ELE’s allocation.

B. The Plaintiff closed its business on March 2015, and at the time, the ratio of the shares allocated to the Plaintiff was 36% omom electronic, 26.7% of the Intervenor, 25.6%, and 11.7% of the Plaintiff.

After the closure of the Plaintiff, the Plaintiff moved 4.8% to an ombudsman, 3.5% to the intervenors, and 3.4% to the Defendant, and the Plaintiff decided to receive business premium from an ombudsman, the Intervenor, and the Defendant in accordance with the business practices.

C. An ombudsman, the Defendant paid the business premium agreed upon to the Plaintiff, but the Intervenor paid only KRW 53 million out of KRW 164 million to the Plaintiff, which was agreed upon by the Intervenor, and did not pay the remainder KRW 110 million to the Plaintiff.

The Intervenor also was prepared to discontinue the business on September 2016, and the Plaintiff, the Intervenor, and the Defendant, on September 30, 2016, entered into an agreement on September 1, 2016, with respect to the Intervenor’s above-paid amount of KRW 111,100,000,000, as follows:

2. Agreeds for the settlement of accounts payable - All 3.5% of the quantities transferred from the Do to the Do shall be moved to the salutic.

- 3.5 per cent of the quantities to be moved from the luminous to the luminous intensity shall be restricted to the monitoring product group produced by moving from the luminous to the microluminous area.

- Of KRW 53,00,000, which has been paid to the Dogyang, KRW 30,000,000,000 for the volume produced until now after movement shall be determined as premium for the volume, Jinsung shall pay to the United States in cash the amount of 30,000,000,000 as premium for the premium, and no request for return and no right may be asserted against any person, including the Dog and Doggin, after the completion

- The authenticity to which the quantity has been transferred shall be paid in cash to the Doyang by the end of December 2016, for the balance of KRW 110,100,000 not paid to the Doyang.