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(영문) 수원지방법원안산지원 2014.05.01 2013가합20448

약정금

Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person who manufactures the design drawing of machinery parts, such as a degas treatment device, etc., with the trade name “C” (the trade name before the alteration is referred to as “D”), and the Defendant is a company that operates the manufacturing of industrial machinery.

B. On January 20, 2010, the original Defendant entered into a business agreement (hereinafter “instant business agreement”) with respect to the design of and technical assistance to a degas treatment device, etc. as follows (hereinafter “instant business agreement”).

- In the establishment of the instant Business Convention - (State) G HH, the term “A” and “A” referred to as “B” and the term “A” referred to as the D Company A (Plaintiff) shall be prepared as follows, and “A” and “B” shall be faithfully observed.

1) The establishment of a light office is established based on the principle that A and B entirely performs its duties from the operations to the receipts and disbursements on the basis of Party B’s belief and trust so far, and office deposits, rents, other expenses and expenses are paid by Party A and Party B if a problem arises within one year. (ii) Party A shall ensure a certain amount of interest arising from fixed income and sales for the stable livelihood of Party B.

3) Fixed income means A: A shall issue a tax invoice of KRW 3,800,000 as of the end of the month for business and design expenses to B; A shall deposit the remainder of KRW 1,200,00 in the head of the Tong on the 15th of the following month; and deposit the incidental expenses in the name of the head of the Tong in the office of Party A designated by B; and each incidental expenses shall be treated. 4) The guarantee of profits from sales (ININE TYE) shall be made by paying the amount of KRW 30% dividends as of the base date of the sales comparison ratio of KRW 35% and the amount of KRW 5% dividends as of the base date of the sales, and if the base profits are changed, the dividend rate shall also vary.

5) A shall settle the actual cost of Eul’s business operation. 8) B shall engage in its business activities in its best effort to set the annual sales amount at least one billion won with the goal of at least one billion won.

C. The Plaintiff’s office, etc. is around that time from the Defendant.