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(영문) 서울동부지방법원 2014.02.14 2013가합6689

약정금 및 손해배상

Text

1. The Defendant: USD 399,550 to Plaintiff A, USD 30,00 to Plaintiff B, and each of the above amounts. < Amended by Presidential Decree No. 24504, Mar. 23, 2013>

Reasons

1. Basic facts

A. The plaintiff A and the defendant purchase 40,000 U.S. shares of the non-party company located in California at USD 5 per share and USD 200,000 in total.

Attached Terms and Conditions

J. The defendant confirms that the non-party company holds 100% shares of E, a Korean company located in which the products will be manufactured and exported.

L. If the non-party company exports products to E, etc., the export price should be at least 140% of the manufacturing cost (raw materials and packaging cost) of the products.

M. The defendant guarantees the performance of E to the plaintiff A and the non-party company

1) D (D.) a corporation located in the U.S. and operated by the Defendant (hereinafter “foreign corporation”).

(2) On June 24, 201, Plaintiff A invested USD 200,000 in the Defendant’s finite production project (hereinafter omitted) and entered into an agreement with the Defendant to take over 40% of the shares of the non-party company (hereinafter “instant partnership agreement”) from the Defendant in return for the said agreement (hereinafter “instant partnership agreement”), and the main contents of the agreement entered into between the shareholders on the same day and the agreement entered into on the same day (hereinafter “subsidiary agreement”) are as follows.

3) Meanwhile, the Plaintiff paid USD 200,000 to the Defendant around that time. (b) The Defendant issued the Defendant’s check with the Plaintiff as the payee: (a) USD 18,250 on August 19, 201; (b) USD 130,00 on January 4, 2012; (c) USD 130,00 on the part of the drawee; and (d) on January 30, 201, the check with the Korea-U.S. bank (hereinafter “second check”); and (e) USD 30,000 on the part of the drawee (hereinafter “third check”); and (e) USD 21,30,000 on April 27, 2012 on the part of the drawee; and (e) USD 305,000 on the part of the drawee who paid the Plaintiff’s check with the Plaintiff’s amount equal to or below KRW 305,00 on the part of the drawee.