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(영문) 서울중앙지방법원 2019.01.24 2018가합549690
보증채무금
Text

1. The Defendant’s KRW 300,000,000 as well as the Plaintiff’s annual amount from August 30, 2016 to August 28, 2017, and the following.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 4, Eul evidence No. 1, 2, and 3:

Article 2 (Summary of Strategic Partnership Agreements) of the Plaintiff’s Strategic Partnership Agreements

1. D, in cooperation with the Plaintiff and C, newly establish the PEE (hereinafter referred to as the “E”) in Korea by September 10, 2016, and D transfer production technology, etc. for the manufacture of PEP products to E in order to enable E to manufacture PEP products.

5. The Plaintiff shall jointly participate in the operation of Korean corporations C and E in charge of the commercialization of D for the smooth promotion of the project and the success of strategic alliance, and shall enter into a joint management agreement within 60 days from the date of establishment of E based on good faith for detailed cooperation measures.

1) The Plaintiff and Nonparty C Co., Ltd. (hereinafter “C”) are limited to only the Plaintiff and Nonparty C.

(D) A corporation, a Japanese company, D (hereinafter referred to as "D").

On August 23, 2016, Pyrrole-Imidzle-Petide (hereinafter referred to as "PIPA") which is a gene control substance.

(2) On the same day, the Plaintiff and C concluded a strategic partnership agreement with the following terms for the operation of E and the joint business of the two companies on the same day, and the relevant parts of this case are as follows:

(hereinafter “instant partnership agreement”). Article 2 (Abstract of Strategic Partnership)

1. The Plaintiff and C shall newly establish and jointly operate PIPA’s GTPP manufacturing corporation in Korea by September 10, 2016. The Plaintiff shall conduct the development and clinical trials of new and pre-existing cancer using the PIPA provided by the Plaintiff, and C shall take charge of the transfer of D technology and all duties related to the production of GMP so that the Plaintiff’s new and pre-existing cancer development can be successful.

3. The plaintiff will provide C with a monetary amount of KRW 50 million within the limit of KRW 300 million, and the amount of KRW 300 million among them is C.

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