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(영문) 서울중앙지방법원 2018.10.02 2017나76816

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of publishing and publicizing online newspapers called “C” and supporting agency, and the Defendant is a corporation that publishes the popular film culture magazine of “D”.

B. On December 26, 2016, the Plaintiff entered into a business partnership agreement with the Defendant (hereinafter “instant contract”).

Article 1 (Purpose)(E) of the Agreement and the DF Representative enter into a strategic partnership relationship on the basis of mutual respect and trust for the development of the two generations and the enhancement of the will and interest.

Article 2 (C Representative's E Representative') The CE Representative shall actively cooperate with the following matters to ensure that the D's human resources, systems, etc. held by individuals can be utilized and beneficial to the development of D's resources, systems, etc.:

1. Content production (Planning, coverage, photograph, etc.);

2. Exchange and education of human resources;

3. Holding and promotion of common events and projects;

4. Publicity, marketing, and advertisement;

5. Current management issues;

6. Other business linkage and cooperation.

7. Article 3 of the Additional Project (F Representative of D).

1. D’s 2 million won (only after the end of each month’s tax invoice) 2. D’D’s 20% of the equity shares to be paid to E and appointed as registration directors (for transfer of D’ equity and appointment of outside directors, by March 15, 2017 after the publication of February 2 and March 2017), 3. When D’D’ grow and continuously realizes profit for three months or more, D’s “D” guarantees E the treatment corresponding to in-house directors and determines its content by mutual reasonable consultation.

Article 4 (Implementation of Contracts) Mutual active cooperation shall make every effort to perform the contract, and if it has committed an unreasonable and unfair act except in extenuating circumstances, an objection may be raised, and the termination of the contract, compensation for damages, etc. shall be resolved through mutual consultation, but if it is not possible, it shall be in accordance with general commercial practices.

Article 9 (Effect of Convention)

1.This Convention shall be the representatives of the two companies.