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(영문) 대전지방법원 2017.07.05 2016가합2691

사업비반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The plaintiff is a company that is engaged in plastic manufacturing and processing business, and the defendant is a company that engages in the exercise equipment typing, exercise agency business, advertising planning business, etc.

On May 2, 2016, the Plaintiff’s investment contract of this case (hereinafter “Nonindicted Company”) entered into an investment agreement with the Defendant, and around June 2, 2016, at the time of China, the Korea Fair Trade Corporation (hereinafter “Nonindicted Company”) agreed to carry out the “D” and “Epanching” (hereinafter “public performance of this case”).

Article 2 [Advertisements Items] The plaintiff's "Mul remomomomote" product during the Epandeing period at C's business (referring to "E pande; hereinafter the same shall apply) on the side of the non-party company shall be circulated and publicized together with panty.

Article 3 [Conditions of Advertisement] Promotion and Advertising Fees for the plaintiff's products shall be operated under the terms of guaranteeing the principal of the investment as mutually agreed upon.

- Cooperations: 500 million won (VAT) - The time of payment: Cash payments made to the Defendant’s corporate designated account of the Defendant of the instant business cooperation company on May 4, 2016 after the conclusion of this contract. - The time of principal repayment: The payment shall be made to the Plaintiff immediately after the sales revenue of the admission tickets for the business of the Nonparty company

Payment shall be made within three days before the commencement date of the business.

Provided, That where a tax invoice is intended to be processed, it shall be processed at the time of payment of the amount including value-added tax.

Article 6 [Effect and Period of Contract] (2) Contract term shall be the time of termination of the business of the non-party company.

Provided, That the repayment of the sponsors shall be completed on the date of the repayment promise in order to prevent any problem under the responsibility of the non-party company. If the non-party company fails to comply, the non-party company shall assume all civil and criminal responsibilities.

◆ 첨부 : 본 계약의 신뢰를 위하여, 소외 회사는 피고와 체결한 계약서 및 피고와 문전사 간에 체결된 계약 기반에 의한 확인서(원금상환) 원본을 원고 측에 제공한다.

On May 3, 2016, the Plaintiff intended to advertise his product at the above event, and the non-party company as follows.