(영문) 서울중앙지방법원 2020.01.08 2019가합522357

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(영문) 서울중앙지방법원 2020.01.08 2019가합522357

약정금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The defendant is a company established for the purpose of controlling the business activities of the subsidiary through the holding of shares in the subsidiary, and ship management business, and as a holding company of the so-called “C Group”, D and E were its subsidiaries. 2) The C Group decided to take over the F of the cruise Ship Manufacturing Business in 2008, and changed its trade name by taking over 66.7% and 33.3% of the F shares in D and E, respectively.

Since then, the plaintiff was engaged in the business of manufacturing large cruise ships, ice ships, etc.

B. No. 1) G and H, who served in D, worked as a company holding company on March 1, 2013, were sent overseas to the Plaintiff simultaneously with the “affiliated transfer.” 2) The Defendant, on March 20, 2013, signed a service agreement (hereinafter “instant contract”) signed by I, a representative director, and sent e-mail to the Plaintiff on March 20, 2013.

The main contents of the instant contract are as follows.

Service Contracts

2. In accordance with the purpose of this contract, the Plaintiff must provide the Defendant with the business activities as defined in Article 3.

3. For the purposes of this Agreement, business activities means all types of activities relating to the sea and shipbuilding.

5. The defendant's obligations and the responsible defendant shall pay the fees prescribed in Article 7 to the plaintiff.

7.7.1 The defendant shall pay the fees for the plaintiff's business activities to the plaintiff.

Detailed amounts and terms of payment shall be agreed between the parties in accordance with the mutual agreement attached to this Agreement.

7.2 At the time of expiration or termination of this Agreement, the rights and obligations of the Parties arising prior to their expiration or termination shall not be affected.

11.The applicable law this contract and any dispute arising in relation thereto may be governed, interpreted and enforced in accordance with the laws of the Republic of Korea.

Section 3 and Article VII of the Schedule Service Agreement.

유사 판례

-서울중앙지방법원 2020.01.08 2019가합522357

-의정부지방법원고양지원 2019.05.16 2018가단77759

-서울남부지방법원 2015.07.17 2014가합115989

-서울중앙지방법원 2020.08.28 2018가합576265

-부산지방법원 2017.05.19 2016나12677