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(영문) 광주지방법원 2016.11.04 2015가합60568
유체동산인도
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The parties’ relevant Plaintiff is the U.S. company that has an office in the U.S. P.S. P. L. A., the U.S. company, and the Defendant B (hereinafter “Defendant company”) is the Korean company that has an office in Gwangju Northern-gu D.

On December 2, 2014, the Defendant Company was deemed to have been dissolved pursuant to Article 520-2(1) of the Commercial Act. The Defendant C was a director of the Defendant Company, who was the representative director of the Defendant Company prior to the dissolution.

B. (1) The establishment (hereinafter “Nonindicted Company”) of Defendant Company F (hereinafter “Nonindicted Company”) is a company in which H (U.S. name “I”), the mother of the Plaintiff’s representative director G, is the representative director, and which is substantially operated by J (U.S. name “K”, G’s father and H’s husband).

On December 20, 207, the non-party company and the defendant C and E (hereinafter referred to as the "Defendant C") invested KRW 600 million in kind, including machinery equivalent to KRW 520 million in the non-party company, and made an investment in the non-party company, 60% of the shares of the defendant C, the non-party company incorporated the defendant company with 40% of the shares of the non-party company, and the non-party company has already produced and sold the paper and knife in the non-party company, the "Lic Treatment Machinery and Equipment Special Agreement for the Development of Technology and Technology Co-operation" (hereinafter referred to as the "joint venture establishment agreement of this case"), and the "TITNIU heat treatment machinery and equipment and technical cooperation agreement for the supply of the machinery and medicine used for the above machinery (hereinafter referred to as the "the contract of this case"), and the contract of this case included the following contents in the above point:

9. The contract, terms, terms, conditions, etc. of this document and the waiver, modification, modification or modification thereof shall not be permitted until the two Parties have fulfilled in writing.

13. This Agreement shall include the overall understanding of the two Parties, and shall be transferred, either by oral or written means.

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