(영문) 서울중앙지방법원 2015.01.23 2013가합86903

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(영문) 서울중앙지방법원 2015.01.23 2013가합86903

계약자지위양도 등

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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

Basic Facts

Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) whose representative director had been employed by the Plaintiff, such as the FFF electronic card business, was promoting the instant business ‘the instant business’ from early 2009. The Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) who was employed as the representative director, participated in the instant business where E was mainly engaged in the distribution of credit card terminals.

On October 27, 2009, the Plaintiff entered into a business agreement with G, an incorporated association, regarding the instant business.

When the Defendant C and the Plaintiff conduct the voucher business (including the subsidiary business and related business) between the Plaintiff and the Defendant C, they undertake to conclude the following contract and implement it in accordance with the principle of mutual trust and good faith.

1. Defendant C shall appoint the Plaintiff as a director of the Defendant Company, and shall administer and administer the Bab administration Bureau, which is a department for the Bab administration, and shall have the authority and honorable treatment in accordance with the regulations of the Defendant Company.

2. Defendant C shall operate the Work Agency as an independent bond production system and pay A 50% of its profits to A as incentives every month.

3. In the event of the establishment of the voucher business as a new corporation in the future, Defendant C and the Plaintiff respectively have a 50% equity share, and all operations relating to the voucher business shall be transferred to and managed as a divided corporation.

4. In the event that part or all of the voucher businesses are transferred to a third party or used for the purpose of security, Defendant C and the Plaintiff are determined after mutual agreement.

5.All information relating to the Project shall be treated as confidential and shall be charged to the civil and criminal liability when it comes long.

6.At the time of breach of this Agreement, both parties shall be liable for the civil and criminal liability of that Party and shall also have all the powers in respect of its business.

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