logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원(청주) 2017.07.04 2016나11753
손해배상(기)
Text

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

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

purport, purport, and.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Plaintiff’s assertion of this case’s partnership agreement is designed to pay capital to the Plaintiff, to produce the glass plates of solar power generation chains with the Defendants’ burden of technology, and to register and sell them in the Korean national master shopping mall.

At the time of conclusion of the contract, the Defendants did not have the ability or technology to carry out production facilities or manufacture of glass plates, but false statement was made that when the Defendants were to prepare funds only to the Plaintiff, production or registration certification will be responsible for them.

The Plaintiff invested KRW 271,417,324 in total from March 28, 2011 to August 7, 2014, in order to install production facilities under the instant partnership agreement. However, Defendant B failed to perform the duties of securing and maintaining exclusive rights to patent, securing production facilities, and registering exemplary procurement commodities. Defendant A did not perform the duties of registering exemplary procurement commodities and related duties, and securing production facilities.

Accordingly, as a result, the Plaintiff suffered damages equivalent to the amount invested by the Plaintiff due to the discontinuance of the business, pursuant to Article 10(1) of the partnership agreement of this case, the Defendants are liable to compensate for each of 70,620,000 won, 30% of the total amount of claims for the return of deposit remaining in the Plaintiff’s name among KRW 271,417,324 invested by the Plaintiff, deducting approximately KRW 36,00,000 from the total amount of KRW 235,40,000.

3. Determination

A. According to the legal nature of the partnership agreement of this case, prior to the legal nature of the partnership agreement of this case, the partnership agreement of this case and the plaintiff and the defendants jointly invest money, labor, etc. to operate the sales business related to solar power generation using the patent of this case, and according to the agreed distribution ratio.

arrow