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(영문) 인천지방법원 2016.07.21 2015가합52639

손해배상(기)

Text

1. Defendant B pays KRW 2,687,384,832 to the Plaintiff.

2. The Plaintiff’s claim against Defendant A and the Defendant.

Reasons

1. Basic facts

A. The status of the parties is a corporation with the purpose of manufacturing, selling, etc. industrial multimond and high-speed materials applied tools, and the purpose of Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is to manufacture, sell, etc. computer peripheral devices, rash equipment, etc., and Defendant B is a representative director of the Defendant Co., Ltd. and a major shareholder holding at least 10% of the total amount of voting stocks, and has substantial control over the Defendant Co., Ltd.

B. On October 27, 2010, the Plaintiff and the Defendant Company entered into a strategic partnership agreement with the objective of jointly utilizing research and development capabilities, production facilities, sales networks, etc. owned by both companies (hereinafter “colological partnership agreement”) and the main contents thereof are as follows.

Article 1 (Purpose of this Convention)

1. The two companies intend to enter into an exclusive or strategic partnership relationship based on the common understanding that the Plaintiff’s Damond technology and the rader technology owned by the Defendant Company are mutually complementary relations, and that the two companies may create a new market-oriented effect when their co-operation.

Article 2 (Scope of Agreements)

1. The Plaintiff shall support and actively cooperate with the Defendant Company, including marketing and business investment, so that the Defendant Company can grow up and develop more as a specialized company in the rashing chain.

2. The Defendant Company shall actively support and cooperate with the Plaintiff, including marketing/business and technical assistance, so that the Plaintiff may act as a specialized hosting enterprise, including radaring, beyond the territory of the Gmond tools.

Article 3 (Priority Rights)

1. The Plaintiff has a preferential right in a case where the Defendant Company seeks to cooperate with the Damond Agency Company.

In addition, even if the defendant company intends to purchase multimond tools, it has the preferential right.

2. The defendant company is the plaintiff.