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(영문) 서울중앙지방법원 2012.09.19 2011가합126470

약정금 등

Text

1. The Defendants’ respective Plaintiff KRW 35,043,580, and 5% per annum from August 1, 2009 to September 19, 2012.

Reasons

1. Basic facts

A. The Plaintiff is an incorporated association established for the purpose of academic research, study, etc. on the franchise system. Defendant B association (hereinafter “Defendant B association”) is an association established for the purpose of formulating policies on precious metals, bail industry and the creation of precious metals, bail industry clusters, etc., and Defendant C is the chief director of Defendant C as a person who engages in precious metal wholesale and retail business with the trade name “D”.

B. On December 21, 2007, the Plaintiff entered into an agreement for the establishment and promotion of B’s mid- to long-term development strategies (hereinafter “instant agreement”) for the development of the Defendant Union’s function activation project. The key contents of the instant agreement are as follows.

The main objective of the activation of Article 1 is to enable the defendant union to establish the location of the defendant union as a representative agency for the precious metal industry in Seoul Special Metropolitan City through the expansion of its member organizations.

Article 2. The vitalization of the preceding paragraph means the following projects:

(1) The establishment and promotion of mid- and long-term development strategies for the precious metal release industry, which the Defendant Union is the main axis, (2) the holding of annual events (forum and depth) after the year 2008 managed by the Defendant Union (3) the holding of annual events (forum and depths) the E-district rearrangement project zone, the Defendant Association will grant the rights and duties under the articles of association that the Plaintiff may formally attend and speak at the board of directors of the Defendant Union as a means of ensuring the status and location of the Plaintiff’s performance of the business activities to normalize and revitalize the basic functions of the Defendant Union.

(3) The Defendant Union shall have the title as a standing adviser with the acquisition of qualification as a member, the formal name in its articles of incorporation.